Setting aside a default judgment, by state
A default judgment means you lost because you didn't answer. Here is how long you have to ask the court to set it aside (cancel it) in each state.
Courts and reasons differ. The shortest limit is usually for a motion filed right after the judgment; other reasons can have longer limits.
| State | Shortest time limit | The rule |
|---|---|---|
14 days District Court (including small claims): motion to set aside | File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment. | |
1 year Rule 60(b): mistake, excusable neglect, new evidence or fraud (outer limit) | If the default was entered recently and the creditor has not started collecting, file a Motion, Affidavit & Order to Set Aside Default & Accept Late Filed Answer (CIV-858) together with your answer (CIV-481) and show 'good cause'. | |
See the state page | File a Motion to Set Aside/Vacate Judgment under JCRCP Rule 141. Explain why you did not answer or appear and what your defense is. If this is your first filing in the case, you also pay the answer fee. | |
See the state page | File a motion to set aside the default judgment under Ark. R. Civ. P. 55(c). The court can grant it for mistake, inadvertence, surprise or excusable neglect, if the judgment is void, for fraud or misconduct by the other side, or for any other reason justifying relief. | |
6 months Mistake, surprise or excusable neglect (CCP 473(b)) | Motion to set aside (vacate) the default or default judgment. For mistake, surprise or excusable neglect: within a reasonable time, no later than 6 months after the default or judgment, with your proposed Answer attached. | |
182 days Mistake or excusable neglect (C.R.C.P. 60(b)) | File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee. You must explain why you did not respond or appear and show facts for a valid defense. | |
4 months Motion to Open Judgment | File a Motion to Open Judgment (JD-CV-51 in small claims; $75 fee in small claims, $130 on the regular docket). You generally have 4 months from the date the notice of judgment was sent. | |
15 days Justice of the Peace Court: motion to vacate | File a motion to vacate the default judgment on an Application for Motion Hearing (Civil Form 11), with the $15 fee, and explain why you did not answer or appear. | |
28 days Motion for a New Trial or to Alter or Amend | File a Motion to Vacate Default Judgment (Small Claims and Conciliation Branch Motion form; $10 fee unless waived). Under Civil Rule 60(c), the motion must be made within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise, excusable neglect, new evidence or fraud. | |
1 year Motion for relief from judgment: outer limit | File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment. | |
45 days Magistrate Court: open the default as a matter of right | Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service). | |
Hawaii Not covered yet: LawHelp.org | Not covered yet | |
6 months Rule 60(b): mistake, excusable neglect, new evidence or fraud | Before judgment, the court can set aside an entry of default for good cause. After a default judgment, file a motion under I.R.C.P. 60(b): within 6 months for mistake, excusable neglect, new evidence or fraud; within a reasonable time if the judgment is void. | |
30 days Motion to set aside (735 ILCS 5/2-1301(e)) | Within 30 days after a default judgment, you can file a motion to set it aside (vacate it). After 30 days, you can file a petition for relief from judgment in the same case, supported by an affidavit, generally no later than 2 years after the judgment. | |
1 year Small claims: request to vacate | Small claims: file a written request to vacate (set aside) the default judgment within 1 year after it was entered and show good cause; the judge holds a hearing and, if granted, sets a new trial. | |
60 days Motion to set aside | File a motion to set aside the default judgment for good cause – mistake, inadvertence, surprise, excusable neglect or unavoidable casualty. File it promptly after you discover the grounds and no later than 60 days after the judgment was entered. | |
14 days Limited actions, personally served in Kansas | Limited actions: file a motion to set aside the default judgment within 14 days after the judgment if you were personally served in Kansas, or within 45 days if you were served another way (for example, by mail or at your home). | |
See the state page | File a written motion with the court that entered the judgment asking it to set aside the default judgment, explain why you did not answer, and state your defense. | |
7 days Motion for a new trial | Motion for a new trial: file within 7 days (not counting legal holidays) after notice of the judgment is mailed, delivered or served; the same 7 days apply in city, parish and justice of the peace courts. | |
1 year Rule 60(b): mistake, excusable neglect, new evidence or fraud | Ask the court to set aside the default for good cause. After a default judgment, file a motion under Rule 60(b) within a reasonable time; for mistake, excusable neglect, newly discovered evidence or fraud, no more than 1 year after the judgment. | |
30 days Motion to revise or vacate (broad power) | File a motion (form DC-002, Motion) to revise or vacate the judgment. Within 30 days after the judgment, the court has broad power to change it. After 30 days, it can be set aside only for fraud, mistake or irregularity. | |
1 year Rule 60(b) or small claims: outer limit for most reasons | Civil case: the court can set aside a default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud no later than 1 year after the judgment; a void judgment within a reasonable time. | |
21 days Motion to set aside (you were personally served) | Motion to set aside the default or default judgment. If you were personally served, file it before the default judgment is entered or within 21 days after it is entered. | |
1 year Rule 60.02: outer limit for mistake, neglect, new evidence or fraud | File a motion under Rule 60.02 asking the court to vacate the default judgment. It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. | |
6 months Circuit or county court: Rule 60(b) for fraud, accident or mistake, or new evidence | Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff. | |
1 year Motion to set aside | File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless). | |
30 days Justice Court: Motion and Affidavit to Set Aside | Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect). | |
10 days Small claims: motion for a new trial | Small claims: within 10 days after the default judgment you can file a motion for a new trial; after 10 days you can ask the county court to set aside, vacate or modify it (form CC 4:9, Motion to Set Aside Default Judgment and Application for New Trial). | |
6 months JCRCP 60(b): mistake, neglect, new evidence or fraud | The court may set aside an entry of default for good cause. To set aside a default judgment, file a motion under JCRCP 60(b): for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, within 6 months after the judgment or after written notice of its entry was served, whichever is later; if the judgment is void (for example, you were never properly served), within a reasonable time. | |
New Hampshire Not covered yet: LawHelp.org | Not covered yet | |
See the state page | See the state page | |
30 days Magistrate or Metropolitan Court: Motion to Set Aside | Magistrate or Metropolitan Court: file a Motion to Set Aside Default Judgment (Form 4-704) within 30 days after the judgment, giving your excuse for the default and stating that you have a defense. | |
1 year The papers were handed to me | File a motion (order to show cause) to vacate the default. For an excusable default, file within 1 year after you were served with the judgment and notice of its entry; you must show a reasonable excuse and a meritorious defense. | |
10 days Small claims: appeal for a new trial in District Court | The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, no later than 1 year after the judgment; a void judgment within a reasonable time. | |
1 year Rule 60(b): mistake, neglect, new evidence or fraud | Motion for Relief from Default Judgment under N.D.R.Civ.P. 60(b). For mistake, inadvertence, surprise or excusable neglect, new evidence, or fraud: within a reasonable time and no more than 1 year after the default judgment is entered. | |
1 year Civ.R. 60(B): mistake, neglect, new evidence or fraud | File a motion for relief from judgment under Civ.R. 60(B). It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. | |
30 days Motion to vacate | File a motion to vacate within 30 days after the judgment is filed (longer if the court did not mail you a copy when required). After 30 days, you must file a petition to vacate: within 2 years for fraud by the winning party or unavoidable casualty or misfortune that kept you from defending; within 3 years for clerk mistakes or irregularity in obtaining the judgment. | |
1 year ORCP 71 B motion | File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment. | |
10 days Common Pleas: petition to open (court must open it with a meritorious defense) | Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). | |
1 year Rule 60(b): outer limit | File a motion to set aside the default for good cause; a default judgment is set aside under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence, fraud, or any other reason justifying relief, no later than 1 year after the judgment; a void judgment within a reasonable time. | |
1 year Mistake, neglect, new evidence or fraud: outer limit | For good cause, the court may set aside a default or default judgment. Ask by motion: for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud, within a reasonable time and no more than 1 year after the judgment; if the judgment is void (for example, you were never properly served), within a reasonable time. | |
1 year SDCL 15-6-60(b): outer limit for mistake, neglect, new evidence or fraud | File a motion asking the court to set aside the default judgment for good cause under SDCL 15-6-60(b). The motion must be made within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. | |
Tennessee Not covered yet: court self-help · LawHelp.org | Not covered yet | |
14 days Justice Court: motion to set aside or for new trial | Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause. | |
90 days Mistake, neglect, new evidence or fraud | File a Motion to Set Aside Default or Judgment. It must be filed within a reasonable time, and for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud, no more than 90 days after the judgment was entered. | |
See the state page | File a motion asking the court to set aside the default judgment. The court can set aside its order granting a default judgment for good cause, and a final default judgment under Rule 60(b) (for example, mistake, excusable neglect, fraud, or a void judgment). | |
30 days General District Court: motion for a new trial | General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment. | |
1 year Mistake, inadvertence, surprise, excusable neglect or irregularity: outer limit | File a motion to vacate (set aside) the default judgment with a declaration stating the facts and your defense; the court sets a hearing (order to show cause). | |
20 days Magistrate court: motion to set aside, or appeal | Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause. | |
12 months Motion to Reopen Small Claims Judgment (SC-515A) | File a Motion to Reopen Small Claims Judgment (SC-515A) within 12 months after the judgment, showing a good reason for missing court. If you were served by mail and never got it, file a Petition to Answer or to Reopen (SC-511A) within 15 days after you learn of the case or judgment, and no later than 1 year after the judgment. | |
1 year Rule 60(b): mistake, neglect, new evidence or fraud | File a motion to set aside. The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b). A motion based on mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud must be made within a reasonable time and no more than 1 year after the judgment. |
Missed the deadline? Read what you can do.
After a default judgment