Default judgment in North Dakota: 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. Motion for Relief from Default Judgment under N.D.R.Civ.P. 60(b). For mistake, inadvertence, surprise or excusable neglect, new evidence, or fraud: within a reasonable time and no more than 1 year after the default judgment is entered.

Shortest time to ask
1 year (Rule 60(b): mistake, neglect, new evidence or fraud)
Time to answer
21 days

How a default happens in North Dakota

If you don't serve a written answer within 21 days, the plaintiff can file a motion for default judgment. It must prove you were properly served, that 21 days passed without an answer, that you are not on active military duty, and that you owe the debt. If you had not shown any intent to take part, the plaintiff does not have to notify you of the motion. If you are served with the motion, you have 14 or 17 calendar days to oppose it in writing; otherwise the judge can grant it without hearing from you.

How to set aside a default in North Dakota

Motion for Relief from Default Judgment under N.D.R.Civ.P. 60(b). For mistake, inadvertence, surprise or excusable neglect, new evidence, or fraud: within a reasonable time and no more than 1 year after the default judgment is entered. If the judgment is void or for any other reason: within a reasonable time. You must also show a meritorious defense, something you could have raised in an answer.

Law: N.D.R.Civ.P. 55, 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.

Interest and how long it lasts in North Dakota

Interest after the judgment

The interest rate in the original contract, if it has one. Otherwise, the Wall Street Journal prime rate on the first Monday in December plus 3 percentage points, rounded up to the next half point, set each year by the state court administrator for the next calendar year. It may not be compounded.

Law: up to the state maximum in N.D. Cent. Code § 47-14-09

How long it lasts

Judgments entered on or after August 1, 2023 can be enforced for 20 years. Judgments entered before August 1, 2021 last 10 years and can be renewed once, by affidavit filed within 90 days before they expire, for another 10 years. For judgments entered between August 1, 2021 and July 31, 2023, the ND courts say the law is unclear on renewal.

Law: N.D. Cent. Code §§ 28-20-34, 28-21-01, 28-20-21

After a judgment in North Dakota

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 North Dakota

  1. Get the judgment papers

    The judgment's date matters. Ask the clerk for a copy.

  2. Mind the time limit

    North Dakota's rule: Motion for Relief from Default Judgment under N.D.R.Civ.P. 60(b). For mistake, inadvertence, surprise or excusable neglect, new evidence, or fraud: within a reasonable time and no more than 1 year after the default judgment is entered.

  3. Give your reason and your defense

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

  4. Know what can be taken

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

Free help in North Dakota

Questions about default judgments in North Dakota

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

21 days after you are served with the summons and complaint. Unless the summons gives a hearing date, 'appear' means you must serve a written answer on the plaintiff within 21 calendar days.

What if I miss the deadline in North Dakota?

If you don't serve a written answer within 21 days, the plaintiff can file a motion for default judgment. It must prove you were properly served, that 21 days passed without an answer, that you are not on active military duty, and that you owe the debt. If you had not shown any intent to take part, the plaintiff does not have to notify you of the motion. If you are served with the motion, you have 14 or 17 calendar days to oppose it in writing; otherwise the judge can grant it without hearing from you.

How long do I have to undo a default in North Dakota?

Motion for Relief from Default Judgment under N.D.R.Civ.P. 60(b). For mistake, inadvertence, surprise or excusable neglect, new evidence, or fraud: within a reasonable time and no more than 1 year after the default judgment is entered. If the judgment is void or for any other reason: within a reasonable time. You must also show a meritorious defense, something you could have raised in an answer.

Keep reading about North Dakota

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources