Default judgment in Mississippi: 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. Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff.

Shortest time to ask
6 months (Circuit or county court: Rule 60(b) for fraud, accident or mistake, or new evidence)
Time to answer
See the rule

If you didn't answer in Mississippi

Justice Court: if you were properly notified of the trial date and do not come, the judge can enter a default judgment if there is a factual basis for the claim. Circuit and county court: if you do not answer in time, the clerk enters your default and the plaintiff asks the court for a default judgment.

How to set aside a default in Mississippi

Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff. Circuit and county court: the court can set aside an entry of default for good cause, and a default judgment under Rule 60(b): within 6 months for fraud, accident or mistake, or new evidence (counted from the date the judgment was entered); within a reasonable time if the judgment is void.

Law: Rules of Justice Court 23(a), 23(e); Miss. R. Civ. P. 55(c), 60(b)

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 Mississippi

Interest after the judgment

A judgment on a sale or contract carries the same interest rate as the contract. Other judgments carry a yearly rate the judge sets, starting on a date the judge finds fair, but not before the complaint was filed.

How long it lasts

A judgment lasts 7 years from when it was entered or last renewed. Before it expires, the creditor can renew it by filing a Notice of Renewal with the clerk of the court that entered it (the clerk mails you notice), by a motion in that court, or by a new lawsuit on the judgment.

Law: Miss. Code §§ 75-17-7, 15-1-43; Bhana v. Patel, No. 2022-IA-01264-SCT (Miss.)

After a judgment in Mississippi

Servicemembers

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 Mississippi

  1. Get the judgment papers

    Get the judgment from the clerk; the date on it starts your time limits.

  2. Move fast

    In Mississippi: Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff.

  3. Give your reason and your defense

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

  4. Know what can be taken

    Read After a judgment in Mississippi.

Free help in Mississippi

Questions about default judgments in Mississippi

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

Circuit, county and chancery court: 30 days after you are served. Justice Court: your summons gives the date and time by which you must appear and defend; go to court on that date.

What if I miss the deadline in Mississippi?

Justice Court: if you were properly notified of the trial date and do not come, the judge can enter a default judgment if there is a factual basis for the claim. Circuit and county court: if you do not answer in time, the clerk enters your default and the plaintiff asks the court for a default judgment.

How do I set aside a default in Mississippi?

Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff. Circuit and county court: the court can set aside an entry of default for good cause, and a default judgment under Rule 60(b): within 6 months for fraud, accident or mistake, or new evidence (counted from the date the judgment was entered); within a reasonable time if the judgment is void.

Keep reading about Mississippi

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources