Default judgment in Kansas: 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. 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).

Shortest time to ask
14 days (Limited actions, personally served in Kansas)
Time to answer
21 days

How a default happens in Kansas

If you don't appear or file a written answer by the time on the summons, the court can enter a default judgment against you, without more notice, once the plaintiff shows proof of service. The judgment can't be more than what the petition asked for. A default can also be entered if you miss a pretrial or trial date.

Canceling a default judgment 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). The grounds are those in K.S.A. 60-260(b), such as mistake, surprise or excusable neglect. If you were never served, the court may set aside the default for good cause under K.S.A. 60-260(b).

Law: K.S.A. 61-3301; K.S.A. 60-260(b), (c)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Interest and how long it lasts in Kansas

Interest after the judgment

Limited actions judgments: 12% a year. Regular civil (Chapter 60) judgments: 4 percentage points above the Federal Reserve discount rate as of the July 1 before the judgment, adjusted every July 1; the Secretary of State publishes the rate in the Kansas Register each July.

How long it lasts

A judgment becomes dormant if no renewal affidavit is filed and no execution or garnishment is issued within 5 years after it is entered (or within 5 years after the last renewal or execution). A dormant judgment can be revived by a motion filed within 2 years after it became dormant. After 2 more years of dormancy, the judge must release it when asked.

Law: K.S.A. 16-204(e)(1), (2); K.S.A. 60-2403, 60-2404; K.S.A. 61-3610

After a judgment in Kansas

If you are in the military

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 Kansas

  1. Get the judgment papers

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Mind the time limit

    Kansas's rule: 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).

  3. Say why you missed it

    Courts usually ask for a good reason and a real defense.

  4. Protect your money

    See what is protected: After a judgment in Kansas.

Free legal help in Kansas

Questions about default judgments in Kansas

How many days do I get to answer in Kansas?

Limited actions: appear in person (or through a lawyer) on the date and time on the summons, or file a written answer on or before that date. The court sets that date 14 to 50 days after the summons is issued. If you appear and dispute the claim, you must file a written answer within 14 days after the appearance date. Regular civil cases (Chapter 60): 21 days after service.

Can the plaintiff win by default in Kansas?

If you don't appear or file a written answer by the time on the summons, the court can enter a default judgment against you, without more notice, once the plaintiff shows proof of service. The judgment can't be more than what the petition asked for. A default can also be entered if you miss a pretrial or trial date.

How do I set aside a default 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). The grounds are those in K.S.A. 60-260(b), such as mistake, surprise or excusable neglect. If you were never served, the court may set aside the default for good cause under K.S.A. 60-260(b).

Related Kansas pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources