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South Carolina Motion to Set Aside a Default Judgment

Set aside a South Carolina entry of default for good cause under SCRCP 55(c), applying the Wham three factors. A default judgment runs through Rule 60(b), capped at 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. South Carolina uses a two-track approach that depends on which one was entered. If the clerk has only made an entry of default (the record that you did not respond) but no judgment yet, you ask the court to set it aside under South Carolina Rule of Civil Procedure 55(c) for good cause shown, the more lenient standard. Under Wham v. Shearson Lehman Bros., the court weighs three factors on a good-cause motion: the timing of your motion, whether you have a meritorious defense (a real, legally sufficient defense to the claim), and the degree of prejudice to the plaintiff if relief is granted. Once a default judgment has actually been entered, relief instead runs through Rule 60(b). For mistake, inadvertence, surprise, or excusable neglect the motion must be made within a reasonable time and not more than one year after the judgment. If the judgment is void (for example, you were never properly served), Rule 60(b)(4) has no one-year cap and only requires a reasonable time. DocDraft drafts a South 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 in time. In South Carolina 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

    South Carolina runs two tracks. A pre-judgment entry of default is set aside under Rule 55(c) for good cause shown, the more lenient standard. Once a default judgment is entered, relief instead runs through Rule 60(b).

  3. 3

    For a good-cause motion under Rule 55(c), the court applies the Wham v. Shearson Lehman Bros. factors: the timing of your motion, whether you have a meritorious defense, and the degree of prejudice to the plaintiff if relief is granted.

  4. 4

    A meritorious defense is a required element. Under the Wham factors you must show a real, legally sufficient defense you would raise if the case is reopened, typically through a supporting affidavit or showing.

  5. 5

    For a default judgment, Rule 60(b)(1) covers mistake, inadvertence, surprise, or excusable neglect. That motion must be made within a reasonable time and not more than one year after the judgment was entered.

  6. 6

    If the judgment is void, for example because you were never properly served, Rule 60(b)(4) applies. It has no one-year cap; the motion only has to be made within a reasonable time.

  7. 7

    The action is heard in the South Carolina Court of Common Pleas for the county where the case is pending. File your motion with the clerk of that court under the case caption in the record.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in South 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 SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE ENTRY OF DEFAULT / DEFAULT JUDGMENT; SUPPORTING AFFIDAVIT

[SCRCP 55(c); SCRCP 60(b)]

Defendant [DEFENDANT NAME] moves this Court to set aside the [entry of default / default judgment] entered on [DATE] and to reopen this case so it may be decided on the merits, and states:

  1. On [DATE] the clerk made an entry of default [and, on (DATE), a default judgment was entered] against Defendant for failure to respond within the time allowed.

  2. Grounds. [If only an entry of default: This motion is made under Rule 55(c) for good cause shown. If a default judgment was entered: This motion is made under Rule 60(b)(1) because the failure to respond was due to Defendant's mistake, inadvertence, surprise, or excusable neglect, described below.]

  3. Timing. [For an entry of default under Rule 55(c), timing is weighed as a good-cause factor and Defendant has acted promptly. For a default judgment under Rule 60(b)(1), this motion is made within a reasonable time and not more than one year after the judgment was entered.]

  4. Meritorious defense. Defendant has a meritorious defense to the claim: [state the real, legally sufficient defense, for example the debt was paid, the amount is wrong, the statute of limitations has run, or Defendant is not the correct party]. The facts supporting this defense are set out in the affidavit below.

  5. Prejudice. Setting aside the default will not unfairly prejudice the Plaintiff, because [state why, for example little time has passed and no evidence has been lost].

  6. [If applicable: The default judgment is void under Rule 60(b)(4) because Defendant was never properly served and the Court lacked jurisdiction. Relief under Rule 60(b)(4) is not limited to one year and is sought within a reasonable time.]

AFFIDAVIT IN SUPPORT

I, [AFFIANT NAME], being duly sworn, state that the facts above are true to the best of my knowledge. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the meritorious defense, and the date you learned of the default or judgment.]

[AFFIANT NAME]

Sworn to before me this [DATE].

Notary Public for South Carolina My commission expires: [DATE]

RELIEF REQUESTED

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 on the merits, and grant such other relief as the Court deems just and proper.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant pro se

CERTIFICATE OF SERVICE

I certify that I served the foregoing motion and supporting affidavit on the Plaintiff or Plaintiff's attorney of record by [method of service] on [DATE], in accordance with the South Carolina Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Check your court's local rules for hearing, formatting, and filing requirements in the Court of Common Pleas.]

South Carolina Requirements for Motion to Set Aside a Default Judgment

For a default judgment, file within one year

Under Rule 60(b)(1), a motion to set aside a default judgment for mistake, inadvertence, surprise, or excusable neglect must be made within a reasonable time and not more than one year after the judgment was entered. The one year runs from entry of the judgment.

For an entry of default, act promptly under Rule 55(c)

A pre-judgment entry of default is set aside under Rule 55(c) for good cause shown, which has no fixed day-count. The timing of your motion is one of the Wham factors the court weighs, so move as soon as you can after learning of the default.

State the ground: good cause or excusable neglect

Identify your track. Under Rule 55(c) you show good cause to set aside an entry of default. Under Rule 60(b)(1) you show mistake, inadvertence, surprise, or excusable neglect to set aside a default judgment, and explain the facts.

Show a meritorious defense under the Wham factors

A meritorious defense is a required element under the Wham v. Shearson Lehman Bros. factors. Show a real, legally sufficient defense you would raise if the case is reopened, typically through a supporting affidavit or showing.

Address timing and prejudice

The Wham factors also weigh the timing of your motion and the degree of prejudice to the plaintiff if relief is granted. Explain that you acted promptly and that setting aside the default will not unfairly prejudice the plaintiff.

Check whether the judgment is void

If you were never properly served, the judgment may be void. Under Rule 60(b)(4) the court may relieve a party where the judgment is void. This path has no one-year cap; the motion only needs to be made within a reasonable time.

Support the motion with a sworn affidavit

Support the motion with a sworn affidavit stating the facts of the good cause or excusable neglect, the meritorious defense, and when you learned of the default or judgment. Cite the rule you rely on, Rule 55(c) or Rule 60(b), and use the case caption in the record.

File in the Court of Common Pleas and certify service

File in the South Carolina Court of Common Pleas for the county where the case is pending, serve the motion and affidavit on the other party, and include a certificate of service. Check your court's local rules for the filing method and hearing procedure.

Frequently Asked Questions

It is a request asking a South Carolina 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. If only an entry of default exists, you move under Rule 55(c) for good cause shown; if a default judgment has been entered, relief runs through Rule 60(b).

An entry of default is the record that you did not respond on time; a default judgment is the later judgment that decides the case against you. In South Carolina a pre-judgment entry of default is set aside under Rule 55(c) for good cause shown, the more lenient standard. Once a default judgment is entered, you must instead use Rule 60(b), which caps excusable-neglect relief at one year.

For a default judgment under Rule 60(b)(1) for mistake, inadvertence, surprise, or excusable neglect, the motion must be made within a reasonable time and not more than one year after the judgment was entered. A pre-judgment entry of default under Rule 55(c) has no fixed day-count; timing is weighed as one of the good-cause factors. A void judgment under Rule 60(b)(4) has no one-year cap.

For a Rule 55(c) good-cause motion, South Carolina courts apply the three Wham v. Shearson Lehman Bros. factors: the timing of the motion for relief, whether the defendant has a meritorious defense, and the degree of prejudice to the plaintiff if relief is granted. For a default judgment, Rule 60(b)(1) requires mistake, inadvertence, surprise, or excusable neglect shown within a reasonable time and within one year.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Under Rule 60(b)(4) the court may relieve a party where the judgment is void. Unlike the excusable-neglect path, this route has no one-year cap; the motion only needs to be made within a reasonable time.

Yes. A meritorious defense is a required element under the Wham factors that govern a Rule 55(c) good-cause motion. You must show a real, legally sufficient defense you would raise if the case is reopened, usually through a supporting affidavit or showing rather than by a rule-mandated attached pleading. Confirm your court's local requirements for how to present that defense.

You file it in the South Carolina Court of Common Pleas for the county where the action is pending, with the clerk of the court named in the case caption. The motion states the rule you rely on (Rule 55(c) or Rule 60(b)), the grounds, and the facts, and is served on the other party. Check your court's local rules for the filing method and hearing procedure.