Default judgment in Idaho: how to set it aside
Missed the deadline? Here is how to ask the court to cancel the default.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. 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.
- Shortest time to ask
- 6 months (Rule 60(b): mistake, excusable neglect, new evidence or fraud)
- Time to answer
- 21 days
If you didn't answer in Idaho
If you do not file an answer within 21 days, the court can enter a default judgment for what the plaintiff asked. If you filed a Notice of Appearance, you must get 3 days' written notice before default is entered.
Canceling a default judgment in Idaho
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. In small claims, use Motion to Set Aside Default Judgment (CAO SC 8-1) and attach your answer.
Law: I.R.C.P. 55(a), 55(c), 60(b), 60(c)(1)
Count your deadline to set aside a default
The judgment in Idaho
- Interest after the judgment
5% plus a base rate (the 1-year U.S. Treasury yield) set by the Idaho State Treasurer each July 1. The rate in effect when the judgment is entered applies.
- How long it lasts
The creditor can have a writ of execution issued for 10 years after the judgment is entered. A recorded judgment is also a lien on your real property for 10 years. Before that time runs out, the court can renew the judgment by motion for another 10 years, and it can be renewed again.
Law: Idaho Code §§ 28-22-104(2), 10-1110, 10-1111, 11-101
Mediation and settlement in Idaho
When you file a small claims answer, the court sets the case for trial or for mediation.
Military service and defaults
Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.
Law: 50 U.S.C. 3931(b)(1)
What to do now in Idaho
Read the judgment
The judgment's date matters. Ask the clerk for a copy.
Act within the time limit
Idaho's rule: Before judgment, the court can set aside an entry of default for good cause.
Explain why and show a defense
Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.
Watch for garnishment
Get help
Free help: Idaho Legal Aid Services (statewide number).
Free help in Idaho
Questions about default judgments in Idaho
How many days do I get to answer in Idaho?
21 days after you are served, in small claims and in regular civil cases.
What if I miss the deadline in Idaho?
If you do not file an answer within 21 days, the court can enter a default judgment for what the plaintiff asked. If you filed a Notice of Appearance, you must get 3 days' written notice before default is entered.
How long do I have to undo a default in Idaho?
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. In small claims, use Motion to Set Aside Default Judgment (CAO SC 8-1) and attach your answer.
Keep reading about Idaho
Sources
- I.R.C.P. 55(a), 55(c), 60(b), 60(c)(1)
- Idaho Code § 1-2301 (small claims limit)
- Idaho Code § 1-2303 (small claims answer, 21 days)
- Idaho Code § 1-2307 (lawyers, assignees in small claims)
- 2026 S.B. 1330 (enrolled, engrossed)
- Idaho Court Administrative Rule 5
- I.R.C.P. 4 (service)
- I.R.C.P. 12 (answer time)
- I.R.C.P. 60 (relief from judgment)
- Idaho Code § 28-22-104 (judgment interest)
- Idaho Code § 10-1110 (judgment lien 10 years)
- Idaho Code § 10-1111 (renewing judgments)
- Idaho Code § 11-203 (claim of exemption)
- Answer (Small Claims) CAO SC 3-1
- Civil Case Answer CAO CvPi 3-2
- Motion to Set Aside Default Judgment (Small Claims) CAO SC 8-1
- Idaho Code § 11-101 (execution within 10 years)
Last checked: Oct 24, 2026.