Default judgment in Massachusetts: 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. 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.

Shortest time to ask
1 year (Rule 60(b) or small claims: outer limit for most reasons)
Time to answer
20 days

If you didn't answer in Massachusetts

Civil case: if you do not answer, the plaintiff can ask for a default and default judgment; in credit card cases the clerk or judge must first find that the Rule 8.1 documents prove the amount claimed. Small claims: if you do not come to trial, the court may enter judgment for the plaintiff after checking the claim and damages, and may schedule a payment hearing.

Asking the court to undo a default in Massachusetts

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. Small claims: within 1 year of the judgment the court may vacate it for any sufficient cause; at any time if you never got actual notice of the claim and trial date, the court must vacate it.

Law: Uniform Small Claims Rule 8; Mass. R. Civ. P. 55(c), 55.1, 60(b); Uniform Small Claims Rules 7(e), 8

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.

What the judgment means in Massachusetts

Interest after the judgment

In a contract case, interest is added at the contract rate if one was set, or otherwise at 12% a year, and the judgment keeps earning interest at the same rate from the day it is entered.

How long it lasts

A judgment is presumed paid after 20 years. An original execution must be issued within 1 year after the creditor is entitled to it; later (alias) executions can be issued and last 5 years each.

Law: M.G.L. c. 231, § 6C; c. 235, §§ 8, 17; c. 260, § 20

After a judgment in Massachusetts

Mediation and settlement in Massachusetts

In small claims, either side can ask for mediation by a court magistrate, and it happens only if everyone agrees; the defendant can agree on the day the case is scheduled.

Law: Uniform Magistrate Rule 4

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 Massachusetts

  1. Get the judgment papers

    The judgment's date matters. Ask the clerk for a copy.

  2. Act within the time limit

    Massachusetts's rule: 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.

  3. Explain why and show a defense

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

  4. Protect your money

    Until it is set aside, the judgment can be collected: read After a judgment in Massachusetts.

Where to get free help in Massachusetts

Questions about default judgments in Massachusetts

What is the deadline to answer a debt suit in Massachusetts?

District Court or Superior Court civil case: serve your answer within 20 days after you are served. Small claims: a written answer is optional and not answering does not make you lose by default – but you must come to the trial on the date in the notice.

What happens if I don't answer in Massachusetts?

Civil case: if you do not answer, the plaintiff can ask for a default and default judgment; in credit card cases the clerk or judge must first find that the Rule 8.1 documents prove the amount claimed. Small claims: if you do not come to trial, the court may enter judgment for the plaintiff after checking the claim and damages, and may schedule a payment hearing.

Can I cancel a default judgment in Massachusetts?

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. Small claims: within 1 year of the judgment the court may vacate it for any sufficient cause; at any time if you never got actual notice of the claim and trial date, the court must vacate it.

Related Massachusetts pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources