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Vermont Motion to Set Aside a Default Judgment

Set aside a Vermont default under V.R.C.P. 55(d) for good cause, or vacate a final default judgment under Rule 60(b) within a reasonable time and not more than 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 you can reopen the case and defend it on the merits. Vermont splits this into two tracks in its rules. Under V.R.C.P. 55(d), redesignated from the former Rule 55(c) in the 2020 amendment, the court may set aside an order granting default for good cause; but once a final default judgment is entered, you vacate it under V.R.C.P. 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 grounds (1), (2), and (3), not more than one year after the judgment was entered. Vermont then adds a distinctive requirement. Under the Vermont Supreme Court's three-part test in LaFrance Architect v. Point Five Development, you must not merely assert a meritorious defense (a real defense that could change the outcome) but plead it with sufficient particularity to warrant a hearing. If the judgment is void (for example, because you were never properly served), you use Rule 60(b)(4), which carries no one-year cap. DocDraft drafts a Vermont 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 Vermont you undo it with a motion under V.R.C.P. 60(b), which reopens the case so it can be decided on the merits instead of by default.

  2. 2

    Vermont uses two tracks in one rule. V.R.C.P. 55(d) sets aside an order granting default for good cause before a final judgment, while a final default judgment is vacated under V.R.C.P. 60(b). Rule 55(d) is the subsection formerly numbered 55(c), redesignated in the 2020 amendment.

  3. 3

    The main ground is V.R.C.P. 60(b)(1): mistake, inadvertence, surprise, or excusable neglect that caused you to miss the deadline to answer. This is the discretionary path the court weighs under a multi-factor excusable-neglect analysis.

  4. 4

    The deadline is strict. A Rule 60(b) motion must be made within a reasonable time and, for grounds (1), (2), and (3), not more than one year after the judgment was entered. Because it must also be within a reasonable time, a delay shorter than a year can still bar relief.

  5. 5

    Vermont requires a meritorious defense pleaded with particularity. Under LaFrance Architect v. Point Five Development, you must show, plead, or present evidence of facts that would constitute a real defense, set out with enough detail to warrant a hearing, not a bare denial or an undetailed counterclaim.

  6. 6

    The Vermont three-part test asks whether the failure to answer resulted from mistake or inadvertence, whether the neglect was excusable under the circumstances, and whether you have demonstrated a good or meritorious defense to the claims.

  7. 7

    If you were never properly served, the judgment may be void. V.R.C.P. 60(b)(4) lets the court set aside a void judgment and carries no one-year cap; it need only be made within a reasonable time. File in the Vermont Superior Court where the case is pending.

Key decisions before you file

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

STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION [COUNTY] UNIT Docket No. [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

MOTION TO SET ASIDE DEFAULT JUDGMENT AND SUPPORTING AFFIDAVIT

[V.R.C.P. 55(d) and 60(b)]

NOW COMES Defendant [DEFENDANT NAME] and moves this Court to set aside the default judgment entered on [DATE OF JUDGMENT], and in support states:

  1. On [DATE], the Court entered a default judgment against Defendant because Defendant did not answer or otherwise respond within the time allowed.

  2. Under V.R.C.P. 55(d), the Court may set aside an order granting default for good cause, and it may set aside a final default judgment under V.R.C.P. 60(b).

  3. Grounds. This motion is brought under V.R.C.P. 60(b)(1) because the failure to respond resulted from [describe the mistake, inadvertence, surprise, or excusable neglect]. The neglect was excusable under the circumstances because [state facts: prejudice to the other party, the length and reason for the delay, whether it was within Defendant's control, and Defendant's good faith].

  4. [If applicable: The judgment is void under V.R.C.P. 60(b)(4) because Defendant was never properly served and the Court therefore lacked personal jurisdiction. A motion on this ground is not subject to the one-year limit.]

  5. Timeliness. This motion is made within a reasonable time and, for a ground (1) motion, not more than one year after the judgment was entered on [DATE OF JUDGMENT].

  6. Meritorious defense. Defendant has a good and meritorious defense to the claims, pleaded here with particularity: [state the specific facts of the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. If the case is reopened, Defendant would raise this defense.

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], reopen the case so it may be decided on the merits, and grant such other relief as is just.

Dated: [DATE] _______________________________ [DEFENDANT NAME OR ATTORNEY] [Address] [Telephone / Email] Self-Represented Defendant / Attorney for Defendant

AFFIDAVIT IN SUPPORT

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

[AFFIANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public / Court Officer

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion and supporting affidavit on the Plaintiff or Plaintiff's attorney at [ADDRESS] by [method of service], in accordance with Vermont law.

[NAME OF PERSON SERVING]

[Check your Vermont Superior Court unit's local practice for filing method, formatting, and hearing scheduling.]

Vermont Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and not more than one year

Under V.R.C.P. 60(b) the motion must be made within a reasonable time and, for grounds (1), (2), and (3), not more than one year after the judgment was entered. The one year is an outer limit; because the motion must also be within a reasonable time, file as soon as you can.

Confirm the timing runs from entry of judgment

The Rule 60(b) clock runs from when the default judgment was entered. A delay shorter than one year can still bar relief if it is not within a reasonable time, so identify the entry date and confirm the timing with your court.

State the ground: mistake, inadvertence, surprise, or excusable neglect

Identify the V.R.C.P. 60(b)(1) ground and explain the facts. The court weighs whether the neglect was excusable under the circumstances, considering prejudice to the other party, the length and reason for the delay, whether it was within your control, and your good faith.

Plead a meritorious defense with particularity

Under LaFrance Architect v. Point Five Development you must show, plead, or present evidence of facts constituting a real defense, set out with sufficient particularity to warrant a hearing. A bare denial or an undetailed counterclaim is not enough; state the specific defense facts.

Check whether the judgment is void for lack of service

If you were never properly served, the judgment may be void. V.R.C.P. 60(b)(4) lets the court set aside a void judgment and carries no one-year cap; it need only be made within a reasonable time. This is a separate path from the excusable-neglect ground.

Support the motion with a sworn affidavit

Support the motion with an affidavit or declaration setting out the facts of the mistake or excusable neglect, when you learned of the judgment, and the meritorious defense. The court relies on these sworn facts to decide whether to grant a hearing.

Use the Vermont Superior Court caption

Caption the motion for the State of Vermont Superior Court, Civil Division, in the county unit where the case is pending, and use the docket number exactly as it appears in the court record. Cite V.R.C.P. 55(d) and 60(b).

File in the Superior Court unit and complete a certificate of service

File the motion in the Vermont Superior Court unit where the case is pending, serve it on the plaintiff or the plaintiff's attorney, and include a certificate of service. Check your court unit's local practice for filing method and hearing scheduling.

Frequently Asked Questions

It is a request asking a Vermont Superior 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. The usual basis is V.R.C.P. 60(b)(1), which requires you to show mistake, inadvertence, surprise, or excusable neglect and to plead a meritorious defense.

An order granting default is the earlier ruling that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under V.R.C.P. 55(d) the court may set aside an order granting default for good cause. Once a final default judgment is entered, you must use V.R.C.P. 60(b), file within a reasonable time and not more than one year, and plead a meritorious defense.

Under V.R.C.P. 60(b) the motion must be made within a reasonable time and, for grounds (1), (2), and (3), not more than one year after the judgment was entered. The one year is an outer limit, not a grace period, because the motion must also be within a reasonable time, so a shorter delay can still bar it. Confirm the exact timing with your court, and file as soon as you can.

The common ground is mistake, inadvertence, surprise, or excusable neglect under V.R.C.P. 60(b)(1). Vermont applies a three-part test from LaFrance Architect v. Point Five Development: whether the failure to answer resulted from mistake or inadvertence, whether the neglect was excusable, and whether you have demonstrated a good or meritorious defense. Excusable neglect weighs prejudice, the length and reason for the delay, and good faith.

Often yes. If you were never properly served, the court may have lacked personal jurisdiction and the judgment may be void. V.R.C.P. 60(b)(4) lets the court set aside a void judgment, and unlike the excusable-neglect ground it is not subject to the one-year cap. A void-judgment motion need only be made within a reasonable time, so this path can be used later than the ordinary one-year window.

Yes. Vermont does not require a formal proposed answer by rule text, but under LaFrance Architect v. Point Five Development you must show, plead, or present evidence of facts that would constitute a meritorious defense, set out with sufficient particularity to warrant a hearing. A bare denial or an undetailed counterclaim is not enough; the defense must appear on the face of your motion and supporting materials.

You file it in the Vermont Superior Court unit where the case is pending, in the same docket as the case, with a supporting affidavit or declaration setting out the facts. Serve the motion on the plaintiff and include proof of service. Check your court's local practice for filing method and any hearing scheduling. Attorney review of your motion is available before you file.