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
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.