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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

  1. 1

    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.

  2. 2

    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).

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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STATE OF NORTH CAROLINA COUNTY OF [COUNTY]

IN THE GENERAL COURT OF JUSTICE [DISTRICT / SUPERIOR] COURT DIVISION

File No.: [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

MOTION TO SET ASIDE DEFAULT JUDGMENT [N.C. Gen. Stat. Sec. 1A-1, Rule 55(d) and Rule 60(b)]

NOW COMES Defendant [DEFENDANT NAME], appearing [through counsel / pro se], and respectfully moves the Court to set aside the [entry of default / default judgment] entered in this action. In support, Defendant shows the Court the following:

  1. On [DATE], the [clerk entered default / court entered a default judgment] against Defendant because Defendant did not respond to the complaint within the time allowed.

  2. If an entry of default only: The Court may set aside an entry of default for good cause shown under Rule 55(d). Good cause exists here because [describe the reason the response was missed].

  3. If a default judgment has been entered: The Court may set aside a default judgment in accordance with Rule 60(b). Relief is warranted under Rule 60(b)(1) because the failure to respond resulted from Defendant's mistake, inadvertence, surprise, or excusable neglect, specifically [describe the facts that caused the default and why the neglect was excusable].

  4. This motion is made within a reasonable time. For a Rule 60(b)(1) motion, it is made not more than one year after the judgment was entered.

  5. Defendant has a meritorious defense to the claim. If the case is reopened, Defendant would show that [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. Confirm with your court how the meritorious-defense showing must be presented.

  6. If applicable: The judgment is void under Rule 60(b)(4) because Defendant was never properly served and the Court lacked jurisdiction. A void-judgment motion is not subject to the one-year limit.

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

This the [DAY] day of [MONTH], [YEAR].

[DEFENDANT NAME / ATTORNEY NAME] [N.C. State Bar No., if attorney] [Address] [Telephone] [Email] Attorney for Defendant / Defendant pro se

VERIFICATION

I, [DECLARANT NAME], being first duly sworn, state that the facts set out in this motion are true to the best of my knowledge, information, and belief. [State the facts of the mistake, surprise, or excusable neglect, and the date you learned of the judgment.]

[DECLARANT NAME]

CERTIFICATE OF SERVICE

I certify that I served a copy of the foregoing Motion on the opposing party or counsel of record by [method of service] on [DATE], addressed as follows: [NAME AND ADDRESS].

This the [DAY] day of [MONTH], [YEAR].

[NAME OF PERSON SERVING]

[Check your court's local rules and the North Carolina Rules of Civil Procedure for caption, formatting, and filing requirements before you file.]

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.

Frequently Asked Questions

It is a request asking a North Carolina trial 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. For an entered default judgment, relief comes through Rule 60(b), most often Rule 60(b)(1) for mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the clerk's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. North Carolina treats them differently. Under Rule 55(d) an entry of default is set aside 'for good cause shown,' with no fixed deadline. Once a default judgment is entered, you must use Rule 60(b), which is stricter and carries a one-year outer limit for the common grounds.

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. An entry of default under Rule 55(d) has no fixed outer deadline. If the judgment is void, Rule 60(b)(4) is not limited to one year.

For an entry of default, Rule 55(d) uses a 'good cause shown' standard. For an entered default judgment, the most common ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. North Carolina courts generally also expect you to show a meritorious defense, meaning a real defense you would raise if the case were reopened, in addition to explaining the excusable neglect.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Rule 60(b)(4) lets the court set aside a judgment that is void, and unlike the excusable-neglect grounds it is not limited to the one-year window. A judgment void for defective service or lack of jurisdiction can be attacked within a reasonable time.

In practice, yes. North Carolina courts generally require a movant seeking Rule 60(b)(1) relief to show both excusable neglect and a meritorious defense, meaning the defense you would actually raise if the case were reopened. Rule 55(d) and Rule 60(b) do not spell this out in their text, so confirm how your court applies it and be prepared to present your defense with the motion.

You file it in the North Carolina trial court where the action is pending, which is the District Court or Superior Court division named in the case caption. File the motion with the clerk of court for that county, serve it on the other party, and complete a certificate of service. Check your court's local rules for any additional filing requirements.