Default judgment in Missouri: 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. File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless).

Shortest time to ask
1 year (Motion to set aside)
Time to answer
30 days

How a default happens in Missouri

In an associate circuit case, if you were properly served and do not appear in court on the return date (or a later date the case was continued to), the court can enter a default judgment based on the plaintiff's sworn statement or other evidence. In a circuit judge case, a default judgment can be entered if you do not file an answer or otherwise defend as the rules require, once the plaintiff proves its damages.

Canceling a default judgment in Missouri

File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless). File it within a reasonable time, and no later than 1 year after the default judgment. The court may require you to pay the other side's fees caused by the default.

Law: RSMo § 517.131; Mo. Sup. Ct. R. 74.05(a), (d)

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 Missouri

Interest after the judgment

9% a year in non-tort cases such as debt suits, or the contract rate if the contract bears more than 9%, from the date of judgment until paid.

How long it lasts

A judgment is presumed paid 10 years after it was entered, after the last recorded payment, or after it was revived. The creditor can revive it by a motion filed within 10 years after entry, the last payment of record, or the last revival; you get an order to show cause why it should not be revived.

Law: RSMo § 408.040.2; RSMo § 516.350.1; Mo. Sup. Ct. R. 74.09

After a judgment in Missouri

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 Missouri

  1. Get the judgment papers

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

  2. Move fast

    Missouri's rule: File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless).

  3. Say why you missed it

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Know what can be taken

    See what is protected: After a judgment in Missouri.

Free help in Missouri

Questions about default judgments in Missouri

How many days do I get to answer in Missouri?

Associate circuit case (most debt cases): be in court on the return date and time on your summons. You do not have to file a written answer, but any affirmative defenses (such as the statute of limitations) or counterclaims must be filed in writing by that return date and time, unless the court allows later filing. Circuit judge case: file a written answer within 30 days after you are served (or within 30 days after the mail receipt or acknowledgment is filed, if you were served by mail).

What if I miss the deadline in Missouri?

In an associate circuit case, if you were properly served and do not appear in court on the return date (or a later date the case was continued to), the court can enter a default judgment based on the plaintiff's sworn statement or other evidence. In a circuit judge case, a default judgment can be entered if you do not file an answer or otherwise defend as the rules require, once the plaintiff proves its damages.

How long do I have to undo a default in Missouri?

File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless). File it within a reasonable time, and no later than 1 year after the default judgment. The court may require you to pay the other side's fees caused by the default.

More for Missouri

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources