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Wisconsin Motion to Set Aside a Default Judgment

Set aside a Wisconsin default judgment under Wis. Stat. 806.07. File within a reasonable time, and within one year for excusable neglect, or anytime if the judgment is void.

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. A default judgment is the ruling a court enters when a defendant fails to answer or appear. In Wisconsin every route to that relief runs through a single statute, Wis. Stat. 806.07, which is modeled on the federal Rule 60(b) family. The most common ground is 806.07(1)(a): mistake, inadvertence, surprise, or excusable neglect. The statute has a distinctive deadline structure. Under 806.07(2) your motion must be brought within a reasonable time, and if it is based on the excusable-neglect ground (1)(a) or the fraud ground (1)(c), no more than one year after the judgment was entered. That one-year cap does not apply to a void judgment. If the judgment is void under 806.07(1)(d), for example because you were never properly served, only the reasonable-time requirement applies. Beyond the statute, Wisconsin courts generally look for excusable neglect, a meritorious defense (a real defense you would raise if the case reopens), and prompt action, and they treat 806.07 as remedial and favor deciding cases on the merits. DocDraft drafts a Wisconsin 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 a court enters when a defendant does not respond in time. In Wisconsin you undo it with a motion for relief from judgment under Wis. Stat. 806.07, which can reopen the case so it is decided on the merits.

  2. 2

    The main ground is Wis. Stat. 806.07(1)(a): mistake, inadvertence, surprise, or excusable neglect. Wisconsin funnels all post-judgment relief, including setting aside a default judgment, through this one statute, which is patterned on federal Rule 60(b).

  3. 3

    The deadline structure is specific. Under 806.07(2) the motion must be made within a reasonable time, and if it is based on the excusable-neglect ground (1)(a) or the fraud ground (1)(c), not more than one year after the judgment was entered. The days are counted as calendar days.

  4. 4

    The one-year cap is an outer limit, not a grace period. Even inside one year you must still move within a reasonable time, and Wisconsin courts weigh how promptly you acted once you learned of the judgment.

  5. 5

    If you were never properly served, the judgment may be void. A motion under 806.07(1)(d) (the judgment is void) has no one-year cap; the one-year limit in 806.07(2) applies only to grounds (1)(a) and (1)(c), so a void-judgment motion is bounded only by a reasonable time.

  6. 6

    Beyond the statute, Wisconsin courts generally look for a meritorious defense, meaning a real defense you would raise if the case reopens, along with excusable neglect and prompt action. Confirm the current standard, because the meritorious-defense element comes from case law, not the text of 806.07.

  7. 7

    You file the motion in the Wisconsin circuit court where the case is pending, in the same case and caption. A separate statute, Wis. Stat. 801.15(2)(a), governs enlarging an expired deadline on an excusable-neglect showing; confirm which path your situation needs.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Wisconsin, 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 WISCONSIN CIRCUIT COURT [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT; SUPPORTING AFFIDAVIT

[Wis. Stat. 806.07]

TO THE PLAINTIFF AND TO THE CLERK OF THE ABOVE-ENTITLED COURT:

PLEASE TAKE NOTICE that Defendant [DEFENDANT NAME] will move this Court, at a time and place to be set by the Court, for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to defend this action on the merits.

MOTION

Defendant moves under Wis. Stat. 806.07 on the following grounds:

  1. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. Relief is sought under Wis. Stat. 806.07(1)(a).

  2. This motion is made within a reasonable time. Because it is based on excusable neglect under 806.07(1)(a), it is also made no more than one year after the judgment was entered, as 806.07(2) requires.

  3. [If applicable: The judgment is void because Defendant was never properly served and the Court lacked personal jurisdiction. Relief is sought under Wis. Stat. 806.07(1)(d), which is not subject to the one-year limit in 806.07(2).]

  4. Defendant has a meritorious defense: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. Defendant acted promptly after learning of the judgment.

AFFIDAVIT IN SUPPORT

STATE OF WISCONSIN, [COUNTY] COUNTY

[AFFIANT NAME], being first duly sworn, states: [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the facts of your meritorious defense.]

[AFFIANT NAME]

Subscribed and sworn to before me this ___ day of ____________, [YEAR].

Notary Public, State of Wisconsin

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to answer and defend this action on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant appearing without counsel

CERTIFICATE OF SERVICE

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

[NAME OF PERSON SERVING]

[Confirm your circuit court's local practice for filing, hearing, and formatting requirements.]

Wisconsin Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, capped at one year for excusable neglect

Under Wis. Stat. 806.07(2) the motion must be made within a reasonable time, and if it is based on excusable neglect under (1)(a) or fraud under (1)(c), no more than one year after the judgment was entered. The days are counted as calendar days, and the one year is an outer limit.

Act promptly, not just within one year

The one-year cap does not replace the reasonable-time requirement. Even inside one year, Wisconsin courts weigh how promptly you moved once you learned of the default judgment, so file as soon as you can.

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

Identify the Wis. Stat. 806.07(1) ground that applies and explain the facts. For a default judgment the usual ground is (1)(a) excusable neglect, and the court weighs whether the neglect that caused the default was excusable under the circumstances.

Show a meritorious defense

Wisconsin courts generally expect you to show a meritorious defense, meaning a real defense you would raise if the case reopens, usually by affidavit. This requirement comes from case law construing 806.07, not the statute text, so confirm the current standard for your situation.

Check whether the judgment is void

If you were never properly served, the judgment may be void. Wis. Stat. 806.07(1)(d) lets the court relieve you from a void judgment, and because the one-year cap applies only to grounds (1)(a) and (1)(c), a void-judgment motion is bounded only by a reasonable time.

Support the motion with a sworn affidavit

Support the motion with an affidavit stating the facts of the mistake or excusable neglect, when you learned of the judgment, and the facts of your meritorious defense. Wis. Stat. 806.07 does not require a proposed answer on its face; confirm whether your circuit court expects one.

Use the correct Wisconsin case caption

File in the same case and under the same caption used in the circuit court record, styled State of Wisconsin, Circuit Court, [County] County. Include the case number exactly as it appears in the court record.

File in the circuit court and serve the other side

File in the Wisconsin circuit court for the county where the case is pending, serve the motion and affidavit on the plaintiff, and confirm your circuit court's local practice. A related statute, Wis. Stat. 801.15(2)(a), governs enlarging an expired deadline on an excusable-neglect showing.

Frequently Asked Questions

It is a request asking a Wisconsin circuit 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. The main basis is Wis. Stat. 806.07(1)(a), which lets the court relieve you from a judgment for mistake, inadvertence, surprise, or excusable neglect.

A default is the earlier point where you have failed to 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 simpler. Once a default judgment is entered in Wisconsin, you use Wis. Stat. 806.07, and if you rely on excusable neglect you must move within a reasonable time and no more than one year after the judgment.

Under Wis. Stat. 806.07(2) the motion must be made within a reasonable time, and if it is based on excusable neglect under (1)(a) or fraud under (1)(c), not more than one year after the judgment was entered. The one year is an outer limit, so file as soon as you can. A void-judgment motion under (1)(d) has no one-year cap and is bounded only by a reasonable time.

Wis. Stat. 806.07(1) lists the grounds, including (a) mistake, inadvertence, surprise, or excusable neglect; (c) fraud, misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; and (h) any other reasons justifying relief. For a default judgment the excusable-neglect ground under (1)(a) is the usual path, and Wisconsin courts also generally look for a meritorious defense and prompt action.

Often yes. If you were never properly served, the court may have lacked personal jurisdiction and the judgment may be void. Wis. Stat. 806.07(1)(d) lets the court relieve you from a void judgment. Because the one-year cap in 806.07(2) applies only to grounds (1)(a) and (1)(c), a void-judgment motion has no one-year limit and only needs to be brought within a reasonable time.

Wisconsin courts generally expect you to show a meritorious defense, meaning a real defense you would raise if the case reopens, usually supported by affidavit, alongside excusable neglect and prompt action. This meritorious-defense requirement comes from case law construing Wis. Stat. 806.07, not from the words of the statute itself, so confirm the current standard for your situation before you file.

You file it in the Wisconsin circuit court for the county where the case is pending, in the same case and under the same caption, with a supporting affidavit. A related statute, Wis. Stat. 801.15(2)(a), governs enlarging an expired deadline on an excusable-neglect showing. Check your circuit court's local practice for filing and hearing requirements.