North Carolina Motion to Set Aside a Default Judgment
Set aside a North Carolina default judgment under Rule 60(b): file within a reasonable time and no more than one year for mistake, surprise, or excusable neglect.
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. North Carolina splits the standard by what has actually been entered. If the clerk has only made an entry of default, meaning no judgment yet, Rule 55(d) of the North Carolina Rules of Civil Procedure lets the court set it aside 'for good cause shown,' a more forgiving test with no fixed outer deadline. Once a default judgment has been entered, you can only set it aside 'in accordance with Rule 60(b).' The most common ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. That motion must be made within a reasonable time and, for these grounds, no more than one year after the judgment. North Carolina courts also generally expect you to show a meritorious defense, meaning a real defense you would raise if the case were reopened, alongside excusable neglect. If the judgment is void, most often because you were never properly served, Rule 60(b)(4) provides a separate path with no one-year cap. Missing the one-year window can leave the judgment in place, so act quickly. DocDraft drafts a North Carolina 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
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A default judgment is the judgment entered when a defendant does not respond to a lawsuit in time. In North Carolina you undo it with a motion to set aside, which reopens the case so it can be decided on the merits instead of by default.
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North Carolina uses two different standards depending on what has been entered. An entry of default (no judgment yet) is set aside under Rule 55(d) 'for good cause shown.' An entered default judgment can only be set aside in accordance with Rule 60(b).
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The Rule 55(d) good-cause standard has no fixed outer deadline, which makes it more forgiving than the Rule 60(b) route. Acting before a default judgment is entered is generally easier than undoing one afterward.
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For a default judgment, the main ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. You explain the facts that caused you to miss the deadline and why that failure was excusable under the circumstances.
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The Rule 60(b) deadline is strict. A motion for mistake, inadvertence, surprise, or excusable neglect must be made within a reasonable time and, for those grounds, not more than one year after the judgment was entered. The one year is an outer limit, not a grace period.
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North Carolina courts generally expect a meritorious defense alongside excusable neglect, meaning the real defense you would raise if the case were reopened. Confirm how your court applies this two-part showing, and be ready to present your defense with the motion.
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If you were never properly served, the judgment may be void, and Rule 60(b)(4) lets the court set aside a void judgment with no one-year cap. You file the motion in the North Carolina trial court (District or Superior Court) where the case is pending.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in North Carolina, 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.
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North Carolina Requirements for Motion to Set Aside a Default Judgment
File a Rule 60(b) motion within one year
For a default judgment, a Rule 60(b)(1) motion based on mistake, inadvertence, surprise, or excusable neglect must be made within a reasonable time and, for those grounds, not more than one year after the judgment was entered. The one year is an outer limit; file as soon as you can.
Act promptly on an entry of default
If the clerk has only entered default and no judgment has been entered, Rule 55(d) sets it aside 'for good cause shown' with no fixed outer deadline. Moving before a default judgment is entered is generally easier, so act quickly.
State the ground: mistake, inadvertence, surprise, or excusable neglect
For a default judgment under Rule 60(b)(1), identify which ground applies and explain the facts. The court weighs whether the neglect that caused the default was excusable under the circumstances.
Show a meritorious defense
North Carolina courts generally expect a movant seeking Rule 60(b)(1) relief to show both excusable neglect and a meritorious defense, meaning the real defense you would raise if the case were reopened. Confirm how your court requires this showing to be presented.
Check whether the judgment is void
If you were never properly served, the judgment may be void, and Rule 60(b)(4) lets the court set aside a void judgment. Unlike the excusable-neglect grounds, a void-judgment motion is not subject to the one-year limit.
Prepare a verified motion with supporting facts
Support the motion with sworn facts stating the mistake, surprise, or excusable neglect and when you learned of the judgment. Cite Rule 55(d) for an entry of default or Rule 60(b) for an entered default judgment, as applicable.
Use the North Carolina court caption
Caption the motion in the General Court of Justice, District Court or Superior Court Division, for the county where the case is pending, using the file number and party names exactly as they appear in the court record.
File in the trial court and complete a certificate of service
File the motion with the clerk of court in the District or Superior Court where the case is pending, serve it on the opposing party or counsel, and file a certificate of service. Check your court's local rules for any additional filing requirements.