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Missouri Motion to Set Aside a Default Judgment

Set aside a Missouri default judgment under Rule 74.05(d) for good cause plus a meritorious defense, filed within a reasonable time not to exceed one year.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. A default judgment is the one a court enters when a defendant fails to answer or appear. In Missouri the main path is Missouri Supreme Court Rule 74.05(d). Under it, upon a motion stating facts constituting a meritorious defense and for good cause shown, a default judgment may be set aside. Missouri defines good cause inside the rule itself: it includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process. You must show both good cause and a meritorious defense, meaning real facts you would raise if the case is reopened, and failing either one is fatal to the motion. The rule sets a firm outer deadline: the motion must be made within a reasonable time, not to exceed one year after entry of the default judgment. If you were never properly served, a different track applies. Under Rule 74.06(b)(4) the court may set aside a void judgment, and that ground is not capped at one year, requiring only a reasonable time. DocDraft drafts a Missouri motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment a court enters when a defendant does not respond in time. In Missouri you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    The main rule is Missouri Supreme Court Rule 74.05(d). It provides that, upon a motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside.

  3. 3

    Missouri defines good cause inside the rule. Good cause includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process, a comparatively forgiving standard.

  4. 4

    You must show two things, not one. Rule 74.05(d) requires both good cause and a meritorious defense, and failing to establish either element is fatal to the motion.

  5. 5

    A meritorious defense means real facts you would raise if the case is reopened. Your motion must state those facts, for example that the debt was paid, the amount is wrong, or you are not the correct party.

  6. 6

    The deadline is firm. Under Rule 74.05(d) the motion must be made within a reasonable time, not to exceed one year after the entry of the default judgment. The one year is an outer cap, not a safe harbor, so file as soon as you can.

  7. 7

    If you were never properly served, the judgment may be void. Rule 74.06(b)(4) lets the court set aside a void judgment, and that ground is not limited to one year, requiring only that you move within a reasonable time.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Missouri, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Division: [DIVISION]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[Mo. Sup. Ct. R. 74.05(d)]

COMES NOW Defendant [DEFENDANT NAME] and moves this Court, pursuant to Missouri Supreme Court Rule 74.05(d), to set aside the default judgment entered against Defendant on [DATE OF JUDGMENT], and in support states:

  1. On [DATE OF JUDGMENT], a default judgment was entered against Defendant in this action.

  2. GOOD CAUSE. Defendant did not respond in time because [describe the mistake or circumstances]. That conduct was not intentionally or recklessly designed to impede the judicial process, and therefore constitutes good cause within the meaning of Rule 74.05(d).

  3. MERITORIOUS DEFENSE. Defendant has a meritorious defense to this action. Specifically, [state the facts constituting the defense, for example that the debt was paid, the amount claimed is incorrect, or Defendant is not the correct party]. These facts, if proven, would defeat or reduce the claim.

  4. TIMELINESS. This motion is made within a reasonable time and not more than one year after the entry of the default judgment, as Rule 74.05(d) requires.

  5. [If applicable: VOID JUDGMENT. Defendant was never properly served with process and the Court lacked personal jurisdiction, so the judgment is void. The Court may set aside a void judgment under Mo. Sup. Ct. R. 74.06(b)(4), which is not subject to the one-year limit.]

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE OF JUDGMENT], permit Defendant to defend this action on the merits, and grant such other relief as the Court deems just and proper.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Defendant Pro Se

Dated: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE] a true and correct copy of the foregoing motion was served on all parties of record by [method of service, for example the court's electronic filing system or U.S. mail] at the addresses on file with the Court.

[NAME OF PERSON SERVING]

[Check your circuit court's local rules and Missouri electronic filing requirements for formatting, notice of hearing, and the method of filing and service.]

Missouri Requirements for Motion to Set Aside a Default Judgment

File within one year of the judgment

Under Rule 74.05(d) the motion must be made within a reasonable time, not to exceed one year after the entry of the default judgment. The one year is an outer cap measured from entry, not a grace period, so file as soon as you can.

Show good cause under Rule 74.05(d)

Explain why you did not respond in time. Rule 74.05(d) defines good cause to include a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process. Describe your circumstances in those terms.

State facts constituting a meritorious defense

Rule 74.05(d) requires the motion to state facts constituting a meritorious defense. Set out the real defense you would raise if the case is reopened, for example that the debt was paid, the amount is wrong, or you are not the correct party.

Address both required elements together

Rule 74.05(d) requires both good cause and a meritorious defense. Failing to establish either element is fatal to the motion, so your motion must clearly cover both in the same filing.

Check whether the judgment is void for improper service

If you were never properly served, the judgment may be void. Rule 74.06(b)(4) lets the court set aside a void judgment, and that ground is not subject to the one-year limit, requiring only that you move within a reasonable time.

Cite the correct Missouri rule

Bring the motion under Missouri Supreme Court Rule 74.05(d) for a default set-aside. If you are challenging the judgment as void for improper service, cite Rule 74.06(b)(4) instead, which follows a separate, uncapped timeline.

Use the Missouri circuit court caption

File the motion in the Circuit Court of the county where the case was decided, under the same case number, division, and caption as they appear in the court record. Include a certificate of service.

Serve the motion and complete a certificate of service

Serve the motion on all parties of record and file a certificate of service showing how and when you served it. Check your circuit court's local rules and Missouri electronic filing requirements for the correct method.

Frequently Asked Questions

It is a request asking a Missouri court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it on the merits. The main basis is Missouri Supreme Court Rule 74.05(d), which requires you to state facts constituting a meritorious defense and to show good cause.

An interlocutory order of default is the earlier record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Rule 74.05(d) covers both, letting the court set aside either upon a motion showing good cause and stating facts constituting a meritorious defense, filed within a reasonable time not to exceed one year after entry of the default judgment.

Under Rule 74.05(d) the motion must be made within a reasonable time, not to exceed one year after the entry of the default judgment. The one year is an outer cap measured from entry, not a grace period, so file as soon as you can. If the judgment is void because you were never properly served, the Rule 74.06(b)(4) track is not limited to one year.

Rule 74.05(d) requires two things. First, good cause, which the rule defines to include a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process. Second, facts constituting a meritorious defense. You must establish both; failing to show either one is fatal to the motion, so address good cause and your defense together.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Rule 74.06(b)(4) lets the court set aside a void judgment. Unlike some other grounds, the void-judgment ground is not subject to the one-year limit and need only be raised within a reasonable time. This is a separate track from a Rule 74.05(d) motion.

It is a real defense you would raise if the case is reopened, stated as facts in your motion. Rule 74.05(d) requires the motion to state facts constituting a meritorious defense. The court wants to see that reopening the case could change the outcome, for example that you paid the debt, the amount claimed is wrong, or you are not the person who owes it.

You file it in the Missouri circuit court where the case was decided, under the same case number and caption. The motion states the facts constituting your meritorious defense and shows good cause under Rule 74.05(d), and you serve it on the other parties. Check your court's local rules and any electronic filing requirements for the correct filing method.