Tennessee Motion to Set Aside a Default Judgment
Set aside a Tennessee default judgment under Rule 55.02, which applies Rule 60.02 relief. File within a reasonable time; a one-year cap applies to mistake and fraud grounds.
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 you can reopen the case and defend it on the merits. In Tennessee the path runs through a two-rule chain. Tennessee Rule of Civil Procedure 55.02 says that for good cause shown the court may set aside a judgment by default, but only in accordance with Rule 60.02. That means the operative standard is not in the default rule at all. It lives in Rule 60.02, the general relief-from-judgment rule, whose grounds include mistake, inadvertence, surprise, or excusable neglect (ground 1), fraud or misconduct of an adverse party (ground 2), that the judgment is void (ground 3), and any other reason justifying relief. On the excusable-neglect ground, the Tennessee Supreme Court in Discover Bank v. Morgan (2012) set a three-part test: the court first asks whether the default was willful, and if not, then weighs whether you have a meritorious defense (a real, arguable defense to the claim) and whether the other side would be prejudiced by reopening the case. Willfulness is a threshold bar: if your conduct was willful, relief is denied and the other factors are never reached. DocDraft drafts a Tennessee motion to set aside a default judgment from your facts, with attorney review available before you file.
Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Tennessee 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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The rule is a two-step chain. Rule of Civil Procedure 55.02 sets aside a default judgment 'for good cause shown,' but only 'in accordance with Rule 60.02,' so the actual standard comes from Rule 60.02, the general relief-from-judgment rule.
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Rule 60.02 grounds include mistake, inadvertence, surprise, or excusable neglect (ground 1); fraud, misrepresentation, or other misconduct of an adverse party (ground 2); that the judgment is void (ground 3); and any other reason justifying relief.
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The deadline has two parts. Every Rule 60.02 motion must be made within a reasonable time. Grounds (1) mistake and (2) fraud carry an additional hard outer limit of not more than one year after the judgment was entered.
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On the excusable-neglect ground, the Discover Bank v. Morgan test controls. The court first asks whether the default was willful. Willfulness is a threshold bar: if your conduct was willful, relief is denied and the court never reaches the other factors.
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If the default was not willful, the court then weighs whether you have a meritorious defense (a real, arguable defense to the claim) and whether the non-defaulting party would be prejudiced by setting the judgment aside.
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If you were never properly served, the judgment may be void under Rule 60.02(3). The one-year cap applies only to grounds (1) and (2), not to a void judgment, though a void-judgment motion must still be made within a reasonable time.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Tennessee, 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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Tennessee Requirements for Motion to Set Aside a Default Judgment
Every Rule 60.02 motion must be made within a reasonable time after the judgment was entered. This applies to all grounds, including a void judgment. File as soon as you learn of the default judgment.
If you rely on Rule 60.02 ground (1) mistake, inadvertence, surprise, or excusable neglect, or ground (2) fraud or misconduct, the motion must also be made not more than one year after the judgment was entered. This one-year cap does not apply to a void judgment.
Rule 55.02 allows the court to set aside a default judgment for good cause shown, but only in accordance with Rule 60.02. State that you move under both rules and identify which Rule 60.02 ground applies to your facts.
Under Discover Bank v. Morgan the court first asks whether the default was willful. Willfulness is a threshold bar: if your conduct was willful, relief is denied. Explain why your failure to respond was not willful, such as lack of notice, mistake, or excusable neglect.
If the default was not willful, the court weighs whether you have a meritorious defense, a real and arguable defense to the claim. State the defense you would raise, for example that the debt was paid, the amount is wrong, or you are not the correct party.
The third Discover Bank v. Morgan factor is whether the non-defaulting party would be prejudiced by setting the judgment aside. Explain why reopening the case will not prejudice the other side, such as no lost evidence and the case can be decided on the merits.
If you were never properly served, the judgment may be void under Rule 60.02(3). The one-year outer limit applies only to grounds (1) and (2), so it does not cap a void-judgment motion, though you must still move within a reasonable time.
File in the same trial court that entered the judgment, typically the circuit or chancery court for the county where the case is pending, support the motion with an affidavit, and serve all parties with a certificate of service. There is no mandatory statewide form; check your court's local rules.
Frequently Asked Questions
It is a request asking a Tennessee 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. Under Rule of Civil Procedure 55.02 the court may set aside a default for good cause shown, in accordance with the Rule 60.02 relief-from-judgment grounds.
An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Setting aside a default before judgment is generally easier. Once a default judgment is entered, Rule 55.02 sends you to Rule 60.02, so you must show a Rule 60.02 ground, move within a reasonable time, and satisfy the Discover Bank v. Morgan factors.
Every Rule 60.02 motion must be made within a reasonable time, measured from entry of the judgment. If you rely on ground (1) mistake, inadvertence, surprise, or excusable neglect, or ground (2) fraud or misconduct, there is an additional hard cap of not more than one year after the judgment was entered. The one-year cap does not apply to a void judgment under ground (3).
For the excusable-neglect ground, the Tennessee Supreme Court's Discover Bank v. Morgan test applies. The court first asks whether the default was willful. Willfulness is a threshold bar: if your conduct was willful, relief is denied. If it was not willful, the court weighs whether you have a meritorious defense and whether the other party would be prejudiced by reopening the case.
Often yes. Improper service is the classic basis for a void judgment under Rule 60.02(3), because the court may have lacked authority over you. The one-year outer limit applies only to grounds (1) and (2), so it does not cap a void-judgment motion. You must still bring the motion within a reasonable time. How reasonable time applies to void judgments is developed in Tennessee case law.
The rule text does not require an attached proposed answer, but Tennessee case law does require you to show a meritorious defense, a real and arguable defense to the claim, as one of the Discover Bank v. Morgan factors once the court finds the default was not willful. In practice you explain in the motion and supporting affidavit the defense you would raise if the case is reopened. Confirm your court's local practice.
You file it in the same trial court that entered the default judgment, typically the circuit court or chancery court for the county where the case is pending, under the case caption already on record. There is no single mandatory statewide form; the motion is filed as an ordinary motion under Rule 55.02 and Rule 60.02. Check your court's local rules for format and filing method.