Default judgment in Minnesota: how to set it aside

How to undo a default judgment, how long you have, and what to do while you wait.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion under Rule 60.02 asking the court to vacate the default judgment. It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud.

Shortest time to ask
1 year (Rule 60.02: outer limit for mistake, neglect, new evidence or fraud)
Time to answer
21 days

If you didn't answer in Minnesota

If you do not serve an answer within 21 days, the plaintiff can ask for a default judgment. On a contract claim for money only, the court administrator can enter it on the plaintiff's affidavit of the amount due. If you have appeared in the case, you must get written notice at least 14 days before a hearing on the default. For bought consumer debt, the extra proof and the 14-day notice in Minn. Stat. § 548.101 apply.

Asking the court to undo a default in Minnesota

File a motion under Rule 60.02 asking the court to vacate the default judgment. It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. A void judgment (for example, if you were not properly served) can be challenged later.

Law: Minn. R. Civ. P. 55.01; 60.02; Minn. Stat. § 548.101

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 Minnesota

Interest after the judgment

For judgments of $50,000 or less (most debt cases): simple interest at a rate set each year by the state court administrator, based on the one-year U.S. Treasury yield rounded to the nearest 1%, but never less than 4%. For judgments over $50,000: 10% a year.

Law: Minn. Stat. § 549.09, subd. 1(c)

How long it lasts

A creditor can enforce a judgment for 10 years after it is entered. An action on the judgment must also be started within 10 years.

Law: Minn. Stat. §§ 549.09, 550.01, 541.04

After a judgment in Minnesota

Mediation and settlement in Minnesota

Most civil cases in district court are subject to court-annexed alternative dispute resolution (ADR), such as mediation, under General Rule of Practice 114. If you qualify for a fee waiver and cannot pay for ADR, the court can address that. (Minn. Gen. R. Prac. 114.01)

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)

Your next steps in Minnesota

  1. Get the judgment papers

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

  2. Mind the time limit

    In Minnesota: File a motion under Rule 60.02 asking the court to vacate the default judgment.

  3. Say why you missed it

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

  4. Watch for garnishment

    Read After a judgment in Minnesota.

Free help in Minnesota

Questions about default judgments in Minnesota

How long do I have to answer a debt lawsuit in Minnesota?

21 days after you are served with the summons. This applies even if the case has not been filed with the court yet.

What happens if I don't answer in Minnesota?

If you do not serve an answer within 21 days, the plaintiff can ask for a default judgment. On a contract claim for money only, the court administrator can enter it on the plaintiff's affidavit of the amount due. If you have appeared in the case, you must get written notice at least 14 days before a hearing on the default. For bought consumer debt, the extra proof and the 14-day notice in Minn. Stat. § 548.101 apply.

Can I cancel a default judgment in Minnesota?

File a motion under Rule 60.02 asking the court to vacate the default judgment. It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. A void judgment (for example, if you were not properly served) can be challenged later.

Related Minnesota pages

Sources