Default judgment in Rhode Island: 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. File a motion to set aside the default for good cause; a default judgment is set aside under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence, fraud, or any other reason justifying relief, no later than 1 year after the judgment; a void judgment within a reasonable time.
- Shortest time to ask
- 1 year (Rule 60(b): outer limit)
- Time to answer
- 20 days
If you didn't answer in Rhode Island
Small claims: if you do not answer and defend after proper service, the court automatically enters a default and judgment against you without further notice. Civil cases: the plaintiff can ask for a default and default judgment.
How to set aside a default in Rhode Island
File a motion to set aside the default for good cause; a default judgment is set aside under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence, fraud, or any other reason justifying relief, no later than 1 year after the judgment; a void judgment within a reasonable time.
Law: R.I. Dist. Ct. Civ. R. 55(c), 60(b); R.I. Dist. Ct. Small Claims R. 6.01
Count your deadline to set aside a default
The judgment in Rhode Island
- Interest after the judgment
12% a year, on both the principal and the prejudgment interest in the judgment. This does not apply where a contract already sets the interest.
- How long it lasts
A creditor can sue on a judgment for 20 years.
Law: R.I. Gen. Laws §§ 9-21-8, 9-21-10(a); § 9-1-17
If you are in the military
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 Rhode Island
Read the judgment
Get the judgment from the clerk; the date on it starts your time limits.
Move fast
Rhode Island's rule: File a motion to set aside the default for good cause; a default judgment is set aside under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence, fraud, or any other reason justifying relief, no later than 1 year after the judgment; a void judgment within a reasonable time.
Give your reason and your defense
Write down why you missed the deadline and why you don't owe what they claim.
Know what can be taken
Talk to legal aid
Free help: Rhode Island Legal Services.
Where to get free help in Rhode Island
Questions about default judgments in Rhode Island
What is the deadline to answer a debt suit in Rhode Island?
District Court civil case: serve your answer within 20 days after you are served. District Court small claims: serve the Defendant's Answer to Small Claims Notice of Suit within 20 days after service; the clerk then sets a trial date.
Can the plaintiff win by default in Rhode Island?
Small claims: if you do not answer and defend after proper service, the court automatically enters a default and judgment against you without further notice. Civil cases: the plaintiff can ask for a default and default judgment.
How long do I have to undo a default in Rhode Island?
File a motion to set aside the default for good cause; a default judgment is set aside under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence, fraud, or any other reason justifying relief, no later than 1 year after the judgment; a void judgment within a reasonable time.
More for Rhode Island
Sources
- R.I. Dist. Ct. Civ. R. 55(c), 60(b); R.I. Dist. Ct. Small Claims R. 6.01
- R.I. Gen. Laws § 8-8-3 (District Court jurisdiction)
- R.I. Gen. Laws § 10-16-1 (small claims)
- R.I. Gen. Laws § 9-21-8
- R.I. Gen. Laws § 9-21-10
- R.I. Gen. Laws § 9-1-17
- R.I. Gen. Laws § 9-26-4
- R.I. District Court Rules of Small Claims Procedure (Feb. 2024)
Last checked: Oct 24, 2026.