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New Mexico Motion to Set Aside a Default Judgment

Set aside a New Mexico default judgment under Rule 1-060(B) NMRA. File within a reasonable time and no more than one year for excusable neglect, plus show a meritorious defense.

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 you can reopen the case and defend it on the merits. In New Mexico set-aside relief runs through a two-rule gateway. Rule 1-055(C) NMRA lets the court set aside a mere entry of default (the clerk's record that you did not answer, before any judgment) for good cause shown, a more lenient standard. But once a default judgment has been entered, Rule 1-055(C) channels the motion into Rule 1-060 NMRA, and the operative ground becomes Rule 1-060(B)(1): mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for that ground not more than one year after the judgment was entered. New Mexico also requires more than an excuse: you must show both excusable neglect and a meritorious defense (a real defense you would raise if the case reopens), because default judgments are disfavored and doubts favor the defaulting party. A separate path exists when the judgment is void, most often because you were never properly served. A Rule 1-060(B)(4) motion to void a judgment has no time limit and needs no meritorious defense. DocDraft drafts a New Mexico 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 entered when a defendant does not respond in time. In New Mexico you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than on your failure to answer.

  2. 2

    New Mexico uses a two-rule gateway. Rule 1-055(C) NMRA sets aside an entry of default (the clerk's record, before any judgment) for good cause shown, but once a default judgment is entered it expressly channels the motion into Rule 1-060 NMRA.

  3. 3

    For a default judgment the ground is Rule 1-060(B)(1): mistake, inadvertence, surprise, or excusable neglect. You explain why you failed to answer and why that failure should be excused under the circumstances.

  4. 4

    The deadline has two parts. The motion must be made within a reasonable time, and for excusable neglect not more than one year after the judgment was entered. The one year is an outer limit, not a grace period, so file as soon as you can.

  5. 5

    New Mexico requires both excusable neglect and a meritorious defense. Showing a good excuse is not enough; you must also set out a real defense you would raise if the case reopens, because default judgments are disfavored and doubts favor the defaulting party.

  6. 6

    If you were never properly served, the judgment may be void. A Rule 1-060(B)(4) NMRA motion to set aside a void judgment has no fixed time limit and does not require you to prove a meritorious defense.

  7. 7

    You file the motion in the New Mexico district court where the case is pending, under the case caption in the court record, and serve it on the other party. Confirm your court's local filing and format rules before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in New Mexico, 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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STATE OF NEW MEXICO COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

No. [CASE NUMBER]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT

[Rule 1-055(C) and Rule 1-060(B) NMRA]

Defendant [DEFENDANT NAME] moves this Court under Rule 1-055(C) NMRA and Rule 1-060(B) NMRA to set aside the default judgment entered on [DATE OF JUDGMENT], and in support states:

  1. On [DATE], a default judgment was entered against Defendant because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to answer].

  2. Rule 1-055(C) NMRA provides that, for good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may set it aside in accordance with Rule 1-060 NMRA. Because a default judgment has been entered, this motion is brought under Rule 1-060(B)(1) NMRA for mistake, inadvertence, surprise, or excusable neglect.

  3. This motion is made within a reasonable time and, as required by Rule 1-060(B) NMRA, not more than one year after the judgment was entered.

  4. Defendant's failure to answer was the result of excusable neglect: [state the facts explaining the failure and why it should be excused].

  5. Defendant has a meritorious defense to the action: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. New Mexico requires both excusable neglect and a meritorious defense, and default judgments are disfavored.

  6. [If applicable: The judgment is void under Rule 1-060(B)(4) NMRA because Defendant was never properly served. A motion to set aside a void judgment may be brought at any time and does not require a meritorious defense.]

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow Defendant to file a responsive pleading and defend the action on the merits, and grant such other relief as the Court deems just.

Respectfully submitted,

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

VERIFICATION / DECLARATION

I, [DECLARANT NAME], declare under penalty of perjury under the laws of the State of New Mexico that the foregoing facts stated on personal knowledge are true and correct.

Executed on [DATE] at [CITY], New Mexico.

[DECLARANT NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served the foregoing motion on the parties or their counsel of record listed below by [method of service], in accordance with the New Mexico Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Confirm your district court's local filing and format rules, including any electronic filing requirements, before you file.]

New Mexico Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and no more than one year

Under Rule 1-060(B) NMRA the motion must be made within a reasonable time and, for mistake, inadvertence, surprise, or excusable neglect, not more than one year after the judgment was entered. The one year is an outer limit; file as soon as you can.

Understand the two-rule gateway

Rule 1-055(C) NMRA sets aside an entry of default for good cause shown, but once a default judgment is entered it channels the motion into Rule 1-060 NMRA. Bring your motion under the correct rule depending on whether a judgment has been entered.

State the ground: mistake, inadvertence, surprise, or excusable neglect

Identify which Rule 1-060(B)(1) NMRA ground applies and explain the facts. The court weighs whether the neglect that caused the default was excusable under the circumstances, resolving doubts in favor of the defaulting party.

Show a meritorious defense

New Mexico requires both excusable neglect and a meritorious defense. Set out the real defense you would raise if the case reopens, for example that the debt was paid, the amount is wrong, or you are not the correct party.

Check whether the judgment is void

If you were never properly served, the judgment may be void. A Rule 1-060(B)(4) NMRA motion to set aside a void judgment has no fixed time limit and does not require a meritorious defense. Defective service is a classic void-judgment ground.

Support the motion with sworn facts

Support the motion with the facts of your excusable neglect and your meritorious defense, stated under penalty of perjury or by affidavit. Explain when you learned of the judgment and why the failure to answer should be excused.

Use the New Mexico district court caption

Caption the motion for the New Mexico district court and judicial district where the case is pending, using the case number and party names exactly as they appear in the court record. Title it as a motion to set aside the default judgment.

File in district court and complete a certificate of service

File the motion in the New Mexico district court where the case is pending, serve it on the other party or their counsel, and include a certificate of service. Confirm your court's local filing and format rules, including any electronic filing requirements.

Frequently Asked Questions

It is a request asking a New Mexico district 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. Once a default judgment is entered, Rule 1-055(C) NMRA channels the motion into Rule 1-060 NMRA, and you must show mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the clerk's record that you did not answer on time; a default judgment is the later judgment that actually decides the case against you. Under Rule 1-055(C) NMRA an entry of default is set aside for good cause shown, a more lenient standard. Once a default judgment is entered, the rule channels the motion into the higher Rule 1-060(B) standard, which also requires a meritorious defense.

Under Rule 1-060(B) NMRA the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect not more than one year after the judgment was entered. The one year is the outer limit; a reasonable time can be shorter. If the judgment is void because you were never served, a Rule 1-060(B)(4) motion has no fixed time limit.

The ground is Rule 1-060(B)(1) NMRA: mistake, inadvertence, surprise, or excusable neglect. New Mexico requires you to show both excusable neglect for missing the deadline and a meritorious defense you would raise if the case reopens. Because default judgments are disfavored, doubts are resolved in favor of the defaulting party, but you must still establish both elements.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A Rule 1-060(B)(4) NMRA motion to set aside a void judgment can be brought at any time, is not subject to the one-year cap, and does not require you to prove a meritorious defense. Defective service is a classic ground that renders a judgment void.

For a Rule 1-060(B)(1) motion, yes. New Mexico requires the movant to show both excusable neglect for the failure to answer and a meritorious defense, meaning a real defense you would raise if the case is reopened. This lets the court see there is a genuine dispute to try. A Rule 1-060(B)(4) void-judgment motion does not require a meritorious defense.

You file it in the New Mexico district court where the action is pending, under the case caption exactly as it appears in the court record, and you serve it on the other party. Support the motion with the facts of your excusable neglect and your meritorious defense. Confirm your court's local filing and format rules before you file.