Default judgment in Montana: 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. Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect).

Shortest time to ask
30 days (Justice Court: Motion and Affidavit to Set Aside)
Time to answer
20 days

How a default happens in Montana

Justice Court civil: if no answer is filed within 20 days, the plaintiff can ask the court to enter a default, and then a default judgment for the amount claimed without a trial. You may still file an answer after 20 days as long as no default has been entered yet. Small claims: a default judgment may be granted at the trial if you do not appear.

How to set aside a default in Montana

Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect). You must serve the motion on the other side and give notice of the hearing; the court sets a hearing within 10 days. District Court: the court may set aside an entry of default for good cause and a default judgment under Rule 60(b); a motion for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud must be filed no more than 1 year after judgment.

Law: Mont. R. Civ. P. 55(c); Rule 60(c)(1); Mont. Just. & City Ct. R. Civ. P. 5(A), 21(A)(8), 22(A); Mont. R. Civ. P. 55(c), 60(b)-(c)

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.

Interest and how long it lasts in Montana

Interest after the judgment

If the contract sets an interest rate, the judgment carries that rate. Otherwise, the bank prime rate on the day judgment is entered plus 3% (prime rate set each January 1). Judgment interest may not be compounded.

How long it lasts

10 years. The creditor can enforce it (for example by a writ of execution) within 10 years, and can sue on the judgment within 10 years to get a new one.

Law: Mont. Code Ann. § 25-9-205; § 27-2-201(1)-(2); § 25-13-101

After a judgment in Montana

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 Montana

  1. Find the judgment

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

  2. Move fast

    The rule in Montana: Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect).

  3. Give your reason and your defense

    Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.

  4. Watch for garnishment

    See what is protected: After a judgment in Montana.

Where to get free help in Montana

Questions about default judgments in Montana

How many days do I get to answer in Montana?

Justice Court (civil): 20 days to respond. Small claims: no written answer; go to the trial, which is set within 40 days of the court's order. District Court: 21 days after you are served. Always check the number of days printed on your summons.

What happens if I don't answer in Montana?

Justice Court civil: if no answer is filed within 20 days, the plaintiff can ask the court to enter a default, and then a default judgment for the amount claimed without a trial. You may still file an answer after 20 days as long as no default has been entered yet. Small claims: a default judgment may be granted at the trial if you do not appear.

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

Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect). You must serve the motion on the other side and give notice of the hearing; the court sets a hearing within 10 days. District Court: the court may set aside an entry of default for good cause and a default judgment under Rule 60(b); a motion for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud must be filed no more than 1 year after judgment.

Related Montana pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources