Motion to Set Aside Default Judgment: Step-by-Step

A default judgment against you feels like the end of the road. You were sued without knowing. You never appeared in court. But you have options. You can ask the judge to cancel the judgment.

Taking action quickly gives you a fighting chance.

Stop Default Judgments Before They Happen

Don't wait for a default judgment to devastate your finances. Respond to debt collectors properly the first time and protect your rights in court.

Respond to Your Lawsuit

Understanding Your Default Judgment

A default judgment means the court ruled without your participation. You are the respondent in the case. The judgment happened for one of two reasons.

First, you were served but never filed an answer by the deadline. Second, you filed an answer but skipped the hearing. Both situations create serious financial consequences.

The good news? You can challenge the judgment. You can ask the court to set it aside. Success depends on meeting strict deadlines and presenting valid reasons.

If you’re facing a debt collection lawsuit, our partner Solo helps you respond properly and avoid default judgments altogether.

Filing Your Motion to Set Aside

You must act fast to challenge a default judgment. Missing deadlines destroys your chances. Follow these steps carefully.

Meet the 30-Day Deadline

File your Motion to Set Aside Default Judgment within 30 days. Count from the date the judge signed the original judgment. Different states may have different rules. Check your local court requirements immediately.

Missing this deadline usually means automatic loss. You forfeit your right to challenge. Time matters more than almost anything else.

Provide Valid Reasons

Judges need solid explanations for setting aside judgments. Your reasoning must fall into specific categories. Acceptable reasons include:

You never received proper service of the lawsuit citation
You filed an answer but received no notice of the hearing
An accident or unavoidable mistake prevented your response
Circumstances beyond your control kept you from the hearing

Judges reject excuses that show intentional avoidance. Forgetting doesn’t count as a valid reason. Conscious indifference won’t get you anywhere.

Demonstrate a Valid Defense

Claiming mistake or accident isn’t enough by itself. You must also show a legitimate defense to the underlying case. Judges won’t set aside judgments just to waste court time.

Prove that canceling the judgment won’t harm the other party. Show that no unreasonable delay will result. Present evidence supporting your defense on the merits.

Our partner Solo helps you build strong defenses against debt collectors when responding to lawsuits.

Important Deadline Exceptions

Courts enforce strict deadlines but recognize limited exceptions. Understanding these exceptions could save your case.

Late Notice of Judgment

You learned about the default judgment more than 20 days after signing. Your 30-day filing deadline starts when you received actual notice. Count from when the clerk notified you or when you discovered it.

The 30-day deadline cannot start more than 90 days after judgment signing. File your motion no later than 120 days after the judgment date.

Service by Publication

Were you served through newspaper publication? You get two years to request a new trial. This extended deadline begins on the default judgment date.

Service by publication typically applies to defendants who cannot be located. Courts use this method as a last resort.

Active Military Service

Active duty military members receive special protections. You were serving when the judge signed the default judgment. Federal law gives you additional time to respond.

Military exceptions can be complex. Speak with a lawyer who understands Servicemembers Civil Relief Act protections.

Completing the Motion Process

Filing paperwork is just the beginning. You must follow specific procedures to properly present your motion.

Schedule Your Hearing

Call the court clerk immediately after deciding to file. Request a hearing date for your Motion to Set Aside. Schedule the hearing far enough ahead for proper notice.

The opposing party needs at least 3 days notice before the hearing. Plan accordingly when choosing your hearing date.

File the Required Forms

Complete your Motion to Set Aside Default Judgment form. Include the Notice of Hearing with specific date and time. Take both documents to the clerk’s office.

Request file-stamped copies of everything you submit. Get one copy for yourself and one for the opposing party. Keep these stamped copies as proof of filing.

Serve the Opposing Party

Send your file-stamped motion copy the same day you file. The party who sued you must receive proper notice. Send to their attorney if they have legal representation.

Acceptable delivery methods include:

Email to the attorney of record
Fax transmission with confirmation
Personal hand delivery with receipt
FedEx or UPS with tracking
Certified mail with return receipt requested

Keep proof of delivery. Bring this documentation to your hearing. Judges may dismiss motions without proper service proof.

Prepare for Your Hearing

Arrive early to your scheduled hearing date. Dress professionally and bring all supporting documents. Organize your evidence clearly.

Essential items to bring:

Proof you properly served the opposing party
Order on Motion to Set Aside form for the judge to sign
Any evidence supporting your lack of notice
Documentation of your defense to the underlying claim

Explain clearly why you deserve another chance. Stay calm and respectful. Answer the judge’s questions directly and honestly.

Understanding Possible Outcomes

Following every step perfectly doesn’t guarantee success. Judges have discretion when deciding motions to set aside. They balance your rights against fairness to the other party.

The judge grants your motion. The default judgment gets canceled. Your case returns to active status. You’ll need to file an answer and defend yourself properly.

The judge denies your motion. The default judgment stands. The creditor can begin collection efforts. Your options become limited to appeal or bankruptcy.

Strong evidence and valid reasons improve your chances significantly. Weak excuses or missed deadlines almost always result in denial.

Avoiding Default Judgments Completely

Prevention beats trying to fix default judgments. Respond immediately when served with any lawsuit. Never ignore court documents hoping they’ll disappear.

You have limited time to file an answer. Most states give you 20 to 30 days. Calculate your deadline from the date you were served.

Fighting debt collectors requires quick action and proper responses. Our partner Solo walks you through answering lawsuits step by step, helping you avoid default judgments entirely.

Document everything related to your case. Keep copies of all court papers. Track all deadlines on a calendar. Missing dates costs you dearly.

Frequently Asked Questions

What is a motion to set aside a default judgment?

A motion to set aside asks the judge to cancel a default judgment entered without your participation. You must file within 30 days of the judgment date and prove you had valid reasons for missing court, such as improper service or lack of notice, plus show a legitimate defense to the case.

How long do I have to file a motion to set aside?

You typically have 30 days from when the judge signed the default judgment to file your motion. If you learned about the judgment more than 20 days after it was signed, your 30-day deadline starts when you received notice, but no later than 120 days after the judgment date.

Can I set aside a default judgment if I was never served?

Yes, lack of proper service is one of the strongest reasons to set aside a default judgment. You must prove you never received proper notice of the lawsuit and also demonstrate a valid defense to the underlying claim when you file your motion.

How to Make a Motion to Set Aside a Default Judgment