Default judgment in Pennsylvania: how to set it aside
Missed the deadline? Here is how to ask the court to cancel the default.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment).
- Shortest time to ask
- 10 days (Common Pleas: petition to open (court must open it with a meritorious defense))
- Time to answer
- 20 days
If you didn't answer in Pennsylvania
Magisterial District Court: if you do not appear at the hearing, the judge enters judgment for the plaintiff (or continues the case). Common Pleas: the plaintiff must first mail you a 10-day notice of its intent to ask for a default; then the prothonotary can enter a default judgment.
How to set aside a default in Pennsylvania
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense.
Law: Pa.R.C.P. 237.3; Pa.R.Civ.P.M.D.J. 319(B), 1002(A), 1004(B), 1005, 1006; Pa.R.C.P. 237.1, 237.3
Count your deadline to set aside a default
Interest and how long it lasts in Pennsylvania
- Interest after the judgment
The lawful rate, which is 6% a year, unless another statute provides otherwise.
- How long it lasts
The creditor can issue execution against personal property within 20 years after the judgment. The judgment's lien on real estate must be revived within 5 years to keep it.
Law: 42 Pa.C.S. § 8101; 41 P.S. § 202; 42 Pa.C.S. §§ 5526(1), 5529(a)
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 Pennsylvania
Find the judgment
Get the judgment from the clerk; the date on it starts your time limits.
Move fast
In Pennsylvania: Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment).
Explain why and show a defense
Courts usually ask for a good reason and a real defense.
Know what can be taken
Ask for free help
Legal aid can help for free: Pennsylvania Legal Aid Network – find free legal aid and Pennsylvania Bar Association lawyer referral.
Where to get free help in Pennsylvania
Questions about default judgments in Pennsylvania
How long do I have to answer a debt lawsuit in Pennsylvania?
Magisterial District Court: no written answer is required. If you want to defend, notify the court in writing (the Notice of Intent to Defend form) and go to the hearing, which is set 12 to 60 days after filing. A claim of your own against the plaintiff must be filed at least 5 days before the hearing. Court of Common Pleas: file a written answer within 20 days after you are served with a complaint that has a Notice to Defend.
What happens if I don't answer in Pennsylvania?
Magisterial District Court: if you do not appear at the hearing, the judge enters judgment for the plaintiff (or continues the case). Common Pleas: the plaintiff must first mail you a 10-day notice of its intent to ask for a default; then the prothonotary can enter a default judgment.
How do I set aside a default in Pennsylvania?
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense.
Related Pennsylvania pages
Sources
- Pa.R.Civ.P.M.D.J. 319(B), 1002(A), 1004(B), 1005, 1006; Pa.R.C.P. 237.1, 237.3
- 42 Pa.C.S. § 1515 (MDJ jurisdiction $12,000)
- Pa.R.Civ.P.M.D.J. 305 (notice to defendant; intent to defend)
- Pa.R.Civ.P.M.D.J. 307 (service)
- Pa.R.Civ.P.M.D.J. 308 (service on individuals)
- Pa.R.Civ.P.M.D.J. 319 (failure to appear)
- Pa.R.Civ.P.M.D.J. 1002 (appeal within 30 days)
- Pa.R.Civ.P.M.D.J. 1004 (praecipe for rule to file complaint on appeal)
- Pa.R.Civ.P.M.D.J. 1005, 1006 (service of appeal; striking appeal)
- Pa.R.Civ.P.M.D.J. 406, 408 (levy; exemptions)
- Pa.R.C.P. 1026 (20 days to plead)
- Pa.R.C.P. 1019 (attach writing)
- Pa.R.C.P. 237.1 (10-day notice)
- Pa.R.C.P. 3123.1 (claim for exemption)
- 42 Pa.C.S. § 8101 (interest on judgments)
- Act 6 of 1974, § 202 (6% legal rate)
- 42 Pa.C.S. § 5526 (5 years: revival of lien)
- 42 Pa.C.S. § 5529 (20 years: execution)
- 42 Pa.C.S. § 5525 (statute of limitations)
Last checked: Oct 24, 2026.