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
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
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
Get the judgment papers
The judgment's date matters. Ask the clerk for a copy.
Mind the time limit
In Minnesota: File a motion under Rule 60.02 asking the court to vacate the default judgment.
Say why you missed it
Courts usually ask for a good reason and a real defense.
Watch for garnishment
Ask for free help
Free help: LawHelpMN (free legal information and legal aid finder).
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
- Minn. R. Civ. P. 55.01; 60.02; Minn. Stat. § 548.101
- Minn. R. Civ. P. 3 Commencement of the action
- Minn. R. Civ. P. 4 Service
- Minn. R. Civ. P. 5 Service and filing (5.04 one-year filing deadline)
- Minn. R. Civ. P. 12 Defenses and objections (12.01, 21 days)
- Minn. R. Civ. P. 55 Default
- Minn. Gen. R. Prac. 114 Alternative dispute resolution
- Minn. Stat. § 491A.01 Conciliation court jurisdiction
- Minn. Stat. § 548.101 Assigned consumer debt default judgments
- Minn. Stat. § 357.021 Court administrator fees
- Minn. Stat. § 563.01 In forma pauperis
- Minn. Stat. § 549.09 Interest on judgments
- Minn. Stat. § 550.01 Enforcement within 10 years
- Minn. Stat. § 541.04 Judgments, ten years
- Minn. Stat. § 551.05 Execution on funds at a financial institution
- Minn. Stat. § 571.925 Ten-day notice before wage garnishment
- Minn. Stat. § 541.053 Consumer debt limitation
Last checked: Oct 24, 2026.