Default judgment in Maine: 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. 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.
- Shortest time to ask
- 1 year (Rule 60(b): mistake, excusable neglect, new evidence or fraud)
- Time to answer
- 20 days
If you didn't answer in Maine
If you do not answer within 20 days, the plaintiff can ask for a default judgment for the amount it claims. In debt buyer cases and credit card or student loan collection cases, only a judge can enter it, and only after finding the plaintiff strictly complied with the law and proved its claim with admissible evidence.
How to set aside a default in Maine
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.
Law: M.R. Civ. P. 55(c); M.R. Civ. P. 55(c), 60(b); 32 M.R.S. § 11020(5)
Count your deadline to set aside a default
Mediation and settlement in Maine
In consumer collection actions (debt buyer suits, and credit card or student loan suits by debt collectors), once you appear, answer or ask for mediation, the court may order mediation through the Court Alternative Dispute Resolution Service (CADRES). It can be held at the courthouse or by video or phone, attendance is mandatory, and the mediation fee is already included in the plaintiff's filing fee.
Law: M.R. Civ. P. 92(g)
The judgment in Maine
- Interest after the judgment
If the contract or note has an interest provision, the contract rate or the one-year U.S. Treasury bill rate plus 6%, whichever is greater. In other cases, the one-year Treasury bill rate (last full week of the prior year) plus 6%. The rate must be stated in the judgment, except in small claims.
- How long it lasts
A judgment is presumed paid and satisfied 20 years after it was entered.
Law: 14 M.R.S. § 1602-C(1); 14 M.R.S. § 864
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 Maine
Find the judgment
The judgment's date matters. Ask the clerk for a copy.
Act within the time limit
The rule in Maine: Ask the court to set aside the default for good cause.
Give your reason and your defense
Write down why you missed the deadline and why you don't owe what they claim.
Watch for garnishment
See what is protected: After a judgment in Maine.
Get help
Free help: Pine Tree Legal Assistance (free legal aid) and Maine Bureau of Consumer Credit Protection.
Free help in Maine
Questions about default judgments in Maine
What is the deadline to answer a debt suit in Maine?
20 days after you are served with the summons and complaint.
Can the plaintiff win by default in Maine?
If you do not answer within 20 days, the plaintiff can ask for a default judgment for the amount it claims. In debt buyer cases and credit card or student loan collection cases, only a judge can enter it, and only after finding the plaintiff strictly complied with the law and proved its claim with admissible evidence.
How do I set aside a default in Maine?
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.
More for Maine
Sources
- M.R. Civ. P. 55(c), 60(b); 32 M.R.S. § 11020(5)
- 32 M.R.S. § 11020 (credit card and student loan collection actions)
- Maine Judicial Branch form CV-287, Debt Buyer Complaint (rev. 10/23)
- BCCP-2021 Defendant's Answer to Complaint (Credit Card or Student Loan)
- 14 M.R.S. § 1602-C (post-judgment interest)
- 14 M.R.S. § 864 (presumption of payment after 20 years)
- 14 M.R.S. ch. 502 (enforcement of money judgments)
- 14 M.R.S. § 3126-A (installment payments)
- Maine Judicial Branch Admin. Order JB-05-26 (court fees)
- Collecting Money from a Court Judgment (Maine Judicial Branch)
- 32 M.R.S. § 11021 (collection actions prohibited in small claims court)
- 32 M.R.S. § 11019 (collection action by debt buyer)
Last checked: Oct 24, 2026.