Default judgment in Indiana: how to set it aside
What a default judgment means and how to ask the court to set it aside, with a deadline calculator.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. 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.
- Shortest time to ask
- 1 year (Small claims: request to vacate)
- Time to answer
- 20 days
How a default happens in Indiana
If you do not appear on the trial date, the court may enter a default judgment after checking service and that the plaintiff has a basic (prima facie) case. Court costs are charged to you. The court mails you notice of the judgment.
Asking the court to undo a default in Indiana
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. After 1 year, relief is only through Trial Rule 60(B). Under T.R. 60(B), a motion for mistake, surprise or excusable neglect and similar reasons (1)-(4) must be filed within 1 year and must allege a meritorious defense; other reasons (such as a void judgment) within a reasonable time.
Law: Ind. Small Claims Rule 10(C); Ind. Trial Rule 60(B)
Count your deadline to set aside a default
Interest and how long it lasts in Indiana
- Interest after the judgment
The rate in the contract you were sued on, but no more than 8% a year; or 8% a year if there was no contract. Interest runs from the date of judgment until paid.
- How long it lasts
A judgment is considered satisfied after 20 years. It is a lien on real estate in the county where it is entered for 10 years.
Law: IC 24-4.6-1-101; IC 34-11-2-12; IC 34-55-9-2
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 Indiana
Find the judgment
The judgment's date matters. Ask the clerk for a copy.
Act within the time limit
Indiana's rule: 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.
Say why you missed it
Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.
Protect your money
Talk to legal aid
Ask for free help: Indiana Legal Help (free legal information and aid) and Indiana Free Legal Answers.
Where to get free help in Indiana
Questions about default judgments in Indiana
How long do I have to answer a debt lawsuit in Indiana?
Small claims: you do not have to file a written answer. All your defenses are kept for trial; go to court on the date in the Notice of Claim. If you want a jury trial, you must ask no later than 10 days after you are served. Circuit or superior court (plenary docket): 20 days after you are served; add 3 days if the papers were served by mail. You can get one automatic 30-day extension by filing a notice with the court on or before the original due date.
What happens if I don't answer in Indiana?
If you do not appear on the trial date, the court may enter a default judgment after checking service and that the plaintiff has a basic (prima facie) case. Court costs are charged to you. The court mails you notice of the judgment.
Can I cancel a default judgment in Indiana?
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. After 1 year, relief is only through Trial Rule 60(B). Under T.R. 60(B), a motion for mistake, surprise or excusable neglect and similar reasons (1)-(4) must be filed within 1 year and must allege a meritorious defense; other reasons (such as a void judgment) within a reasonable time.
Related Indiana pages
Sources
- Ind. Small Claims Rule 10(C); Ind. Trial Rule 60(B)
- Indiana Small Claims Rules
- Indiana Trial Rule 69
- Indiana Trial Rule 6
- Indiana Small Claims Manual (updated 12/23/2025)
- Indiana Code Title 33 (IC 33-29-2-4)
- Indiana Code Title 24 (IC 24-4.6-1-101)
- Indiana Code Title 34 (IC 34-11-2-12, 34-55-9-2, 34-55-10-2)
Last checked: Oct 24, 2026.