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.

Sort:
StateShortest time limitThe 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