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Pennsylvania Motion to Set Aside a Default Judgment

In Pennsylvania you petition to OPEN a default judgment under the Schultz test (prompt filing, reasonable excuse, meritorious defense), with a Rule 237.3 ten-day fast lane.

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 defended on the merits. A default judgment is the judgment a court enters when a defendant fails to plead. Pennsylvania splits this relief into two remedies. The main path is a petition to OPEN the default judgment, an equitable request addressed to the court's discretion under Pa. R. Civ. P. 237.3. To open, you generally must satisfy the three-part Schultz test: the petition was promptly filed, you have a reasonable explanation or legitimate excuse for the delay that caused the default, and you can show a meritorious defense (a real defense to the claim). Rule 237.3(a) requires that you attach the answer or preliminary objections you seek leave to file, and that proposed answer is what demonstrates the meritorious defense. Rule 237.3(b)(2) adds a fast lane: a petition filed within ten days of the judgment's docket entry with the proposed answer attached must be opened if a meritorious defense is shown. The second remedy is a petition to STRIKE, used when a fatal defect (such as defective service) appears on the face of the record. There is no fixed outer deadline to petition to open, so file promptly. DocDraft drafts a Pennsylvania 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 plead in time. In Pennsylvania you undo it by petitioning the court, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    Pennsylvania uses two distinct remedies. A petition to OPEN is an equitable request under Pa. R. Civ. P. 237.3 addressed to the court's discretion. A petition to STRIKE tests a fatal defect on the face of the record. They are generally not interchangeable.

  3. 3

    To open, courts generally apply the Schultz three-part test: the petition was promptly filed, there is a reasonable explanation or legitimate excuse for the delay that caused the default, and a meritorious defense can be shown. You must plead and prove all three.

  4. 4

    Rule 237.3(a) requires you to attach a copy of the answer or preliminary objections you seek leave to file, and to raise all grounds for relief in a single petition. The attached proposed answer is what shows your meritorious defense.

  5. 5

    Rule 237.3(b)(2) is a fast lane. If the petition is filed within ten calendar days after the default judgment is entered on the docket, with the proposed answer or preliminary objections attached, the court shall open the judgment if a meritorious defense is shown.

  6. 6

    There is no fixed statutory outer deadline to petition to open. After the ten-day window the relief is still available, but you must satisfy the full Schultz standard, and 'promptly filed' is judged on your facts. File as soon as you can.

  7. 7

    A petition to strike is available where a fatal defect appears on the face of the record, such as defective service or the absence of the Rule 237.1 ten-day written notice of intention to file the praecipe. It tests the record only and is not time-limited the way opening is.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Pennsylvania, 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

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA CIVIL DIVISION

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

No.: [DOCKET NUMBER]

PETITION TO OPEN DEFAULT JUDGMENT [Pa. R. Civ. P. 237.3; 206.1 et seq.]

TO THE HONORABLE COURT:

Defendant [DEFENDANT NAME] petitions this Court to open the default judgment entered against Defendant on [DATE OF JUDGMENT], and in support states:

  1. On [DATE], Plaintiff caused a default judgment to be entered against Defendant on the docket in this action for failure to plead.

  2. This petition is filed promptly. [If within ten days: This petition is filed within ten days after the default judgment was entered on the docket, and under Pa. R. Civ. P. 237.3(b)(2) the Court shall open the judgment upon a showing of a meritorious defense.]

  3. Reasonable excuse. Defendant's failure to plead in time was caused by [describe the reasonable explanation or legitimate excuse for the delay, for example the complaint was misdirected, a docketing error, or lack of notice].

  4. Meritorious defense. Defendant has a meritorious defense to Plaintiff's claim, namely [state the defense, for example the debt was paid, the amount is incorrect, or Defendant is not the proper party]. The proposed answer stating this defense is attached to this petition as required by Pa. R. Civ. P. 237.3(a).

  5. All grounds for relief are raised in this single petition, as Rule 237.3(a) requires.

  6. [If applicable, plead in the alternative: In the alternative, the judgment should be STRICKEN because a fatal defect appears on the face of the record, specifically [defective service / absence of the Rule 237.1 ten-day written notice of intention to file the praecipe].]

WHEREFORE, Defendant respectfully requests that the Court open the default judgment entered on [DATE], grant Defendant leave to file the attached answer, and grant such other relief as the Court deems just.

VERIFICATION

I, [DEFENDANT NAME], verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.

[DEFENDANT NAME] Date: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Self-Represented Defendant

ATTACHMENTS: Proposed Answer (and/or Preliminary Objections) per Pa. R. Civ. P. 237.3(a)

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this Petition to Open Default Judgment and the attached proposed answer on Plaintiff or Plaintiff's counsel by [method of service], in accordance with the Pennsylvania Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Petitions are governed by Pa. R. Civ. P. 206.1 and following, and county practice varies. Check the local rules of the Court of Common Pleas where the case is pending for the petition procedure, cover sheet, and filing method.]

Pennsylvania Requirements for Motion to Set Aside a Default Judgment

File the petition to open promptly

There is no fixed statutory outer deadline to petition to open a default judgment in Pennsylvania, but the Schultz test requires prompt filing. Prompt filing is judged on your facts, so file the petition as soon as you learn of the judgment.

Use the Rule 237.3(b)(2) ten-day fast lane if you can

Under Pa. R. Civ. P. 237.3(b)(2), a petition filed within ten calendar days after the default judgment is entered on the docket, with the proposed answer attached, must be opened if a meritorious defense is shown. The ten days run from docket entry of the judgment.

Show the petition was promptly filed

The first element of the Schultz three-part test is that the petition was promptly filed. Explain the facts that show you acted without unreasonable delay after learning of the default judgment.

State a reasonable excuse for the default

Provide a reasonable explanation or legitimate excuse for the inactivity or delay that caused the default, the second Schultz element. Describe the specific facts, such as misdirected mail, a docketing error, or lack of notice.

Show a meritorious defense

The third Schultz element is a meritorious defense to the claim. State 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 proper party.

Attach the proposed answer in a single petition

Pa. R. Civ. P. 237.3(a) requires you to attach a copy of the answer or preliminary objections you seek leave to file, and to raise all grounds for relief in a single petition. The attached proposed answer is what demonstrates the meritorious defense.

Consider a petition to strike for a record defect

If a fatal defect appears on the face of the record, such as defective service or the absence of the Rule 237.1 ten-day written notice of intention to file the praecipe, a petition to strike is available. It tests the record only and is not time-limited the way opening is.

File in the Court of Common Pleas and serve the petition

File the petition in the Court of Common Pleas for the county where the case is pending, under the same caption and docket number, following Pa. R. Civ. P. 206.1 and the county's local rules. Serve the petition and attached answer on the opposing party and file a certificate of service.

Frequently Asked Questions

It is a request asking the court to undo a default judgment, which is the judgment entered against a defendant who did not respond in time, so the case can be reopened. Pennsylvania handles this through two remedies: a petition to open under Pa. R. Civ. P. 237.3, which is equitable and requires prompt filing, a reasonable excuse, and a meritorious defense, and a petition to strike for a fatal defect on the record.

Pennsylvania frames the difference by remedy rather than by an entry-versus-judgment split. A petition to OPEN is an equitable request under Rule 237.3 that asks the court to reopen the case so you can defend on the merits, and it requires the Schultz showing. A petition to STRIKE asks the court to erase the judgment because a fatal defect appears on the face of the record. The two are generally not interchangeable.

There is no fixed statutory outer deadline to petition to open, so you should file promptly. Rule 237.3(b)(2) creates a favored ten-day window: a petition filed within ten calendar days of the default judgment's docket entry, with the proposed answer attached, must be opened if a meritorious defense is shown. After ten days you must satisfy the full Schultz test, where prompt filing is judged on your facts.

Under the Schultz v. Erie Insurance Exchange standard the court generally requires three things: the petition has been promptly filed, a meritorious defense can be shown, and the failure to appear or plead can be excused by a reasonable explanation for the delay. You must plead and prove all three. Within the Rule 237.3 ten-day window, the rule presumes the timeliness and excuse elements once a meritorious defense is shown.

Often yes, through a petition to strike. A petition to strike is granted where a fatal defect, such as defective service or a missing Rule 237.1 ten-day written notice, appears on the face of the record. It operates as a demurrer to the record, tests the record only, and is not time-limited the way a petition to open is. It is a different remedy from opening the judgment.

Yes. Rule 237.3(a) requires that a copy of the answer or preliminary objections you seek leave to file be attached to the petition, and that all grounds for relief be raised in a single petition. The attached proposed answer is what demonstrates the meritorious defense the court must see before it will open the judgment.

You file the petition in the Court of Common Pleas for the county where the case is pending, under the same caption and docket number as the case. Petitions are drafted under Pa. R. Civ. P. 206.1 and following. Some counties supply a fillable form, for example the Philadelphia Court of Common Pleas offers a Petition to Open Default Judgment, so check your county's local practice.