Default judgment in North Carolina: 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. The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, no later than 1 year after the judgment; a void judgment within a reasonable time.

Shortest time to ask
10 days (Small claims: appeal for a new trial in District Court)
Time to answer
30 days

If you didn't answer in North Carolina

If you miss the 30-day answer deadline, a default judgment can be entered against you. In small claims, if you were properly served and do not appear, the magistrate can decide the case without you.

Canceling a default judgment in North Carolina

The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, no later than 1 year after the judgment; a void judgment within a reasonable time. A debt-buyer judgment entered without the required business records is void. For a magistrate's small claims judgment, you can also appeal for a new trial in District Court within 10 days.

Law: § 58-70-155(d); N.C. Gen. Stat. § 1A-1, Rules 55(d), 60(b); §§ 7A-228, 58-70-155(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.

Interest and how long it lasts in North Carolina

Interest after the judgment

For a consumer credit debt, the lower of the legal rate (8% a year) or the contract rate. For other contract debts, the contract rate if the contract says it applies after judgment; otherwise 8%.

How long it lasts

A creditor can enforce or sue on a judgment for 10 years from entry. It is a lien on your real property in the county where docketed for 10 years. A new action on the judgment can be brought only once.

Law: N.C. Gen. Stat. §§ 24-1, 24-5(a); §§ 1-47(1), 1-234

After a judgment in North Carolina

Mediation and settlement in North Carolina

Many District Court money cases (including cases appealed from small claims) are scheduled for court-ordered arbitration, an informal hearing; mediation is also available (NC Judicial Branch).

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 North Carolina

  1. Find the judgment

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

  2. Act within the time limit

    North Carolina's rule: The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, no later than 1 year after the judgment; a void judgment within a reasonable time.

  3. Say why you missed it

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

  4. Protect your money

    Until it is set aside, the judgment can be collected: read After a judgment in North Carolina.

  5. Talk to legal aid

    Free help: Legal Aid of North Carolina.

Where to get free help in North Carolina

Questions about default judgments in North Carolina

How many days do I get to answer in North Carolina?

District or Superior Court: serve your answer within 30 days after you are served with the summons and complaint. Small claims: a written answer is optional, but you must appear on the court date to be heard.

What happens if I don't answer in North Carolina?

If you miss the 30-day answer deadline, a default judgment can be entered against you. In small claims, if you were properly served and do not appear, the magistrate can decide the case without you.

Can I cancel a default judgment in North Carolina?

The court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud, no later than 1 year after the judgment; a void judgment within a reasonable time. A debt-buyer judgment entered without the required business records is void. For a magistrate's small claims judgment, you can also appeal for a new trial in District Court within 10 days.

Related North Carolina pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources