Default judgment in Utah: 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. File a Motion to Set Aside Default or Judgment. It must be filed within a reasonable time, and for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud, no more than 90 days after the judgment was entered.
- Shortest time to ask
- 90 days (Mistake, neglect, new evidence or fraud)
- Time to answer
- 21 days
What a default judgment means in Utah
If you were properly served and do not file an answer in time, the plaintiff can ask for a default judgment and gets what it asked for without hearing your side.
Asking the court to undo a default in Utah
File a Motion to Set Aside Default or Judgment. It must be filed within a reasonable time, and for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud, no more than 90 days after the judgment was entered. You usually must also show a meritorious defense, for example with a proposed answer.
Law: Utah R. Civ. P. 55, 60(b); Utah R. Civ. P. 55, 60(b)-(c); Utah Courts, Motion to Set Aside Judgment
Count your deadline to set aside a default
What the judgment means in Utah
- Interest after the judgment
A judgment on a lawful contract carries the contract rate, which must be stated in the judgment. Other judgments: the federal post-judgment interest rate as of January 1 each year plus 2%, fixed for the life of the judgment. A judgment under $10,000 in an action about the purchase of goods and services: 10% plus the federal post-judgment rate in effect on January 1 of that year.
- How long it lasts
8 years. The creditor can renew it by filing a motion to renew, with an affidavit accounting for all payments and notice to you, before the 8 years (or any renewal) run out.
Law: Utah Code § 15-1-4; § 78B-2-311; § 78B-6-1802
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 Utah
Get the judgment papers
Get the judgment from the clerk; the date on it starts your time limits.
Move fast
The rule in Utah: File a Motion to Set Aside Default or Judgment.
Give your reason and your defense
Courts usually ask for a good reason and a real defense.
Protect your money
Read After a judgment in Utah.
Ask for free help
Ask for free help: Utah Legal Services – Debt collection (free legal aid) and Utah Division of Consumer Protection.
Where to get free help in Utah
Questions about default judgments in Utah
What is the deadline to answer a debt suit in Utah?
21 days after you are served in Utah; 30 days if you were served outside Utah. Count every day, including weekends and holidays; the day you were served is day zero. If the last day falls on a day the court is closed, file on the next open day. If your summons says '10 days', the plaintiff has 10 days to file the case after serving you; your own deadline is still 21 (or 30) days. Small claims: go to the trial on the date set.
What happens if I don't answer in Utah?
If you were properly served and do not file an answer in time, the plaintiff can ask for a default judgment and gets what it asked for without hearing your side.
How do I set aside a default in Utah?
File a Motion to Set Aside Default or Judgment. It must be filed within a reasonable time, and for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud, no more than 90 days after the judgment was entered. You usually must also show a meritorious defense, for example with a proposed answer.
Keep reading about Utah
Sources
- Utah R. Civ. P. 55, 60(b)-(c); Utah Courts, Motion to Set Aside Judgment
- Utah Courts – Debt Collection
- Utah Courts – Answering a Complaint or Petition
- Utah Courts – Motion to Set Aside Judgment
- Utah Courts – How to Collect a Judgment
- Utah Courts – Debt Collection Answer form 1013GE
- Utah R. Civ. P. 64D (writ of garnishment)
- Utah Code § 78A-2-301 (court fees)
- Utah Code § 15-1-4 (judgment interest)
- Utah Code § 78B-2-311 (8 years)
- Utah Code § 78B-6-1802 (renewal by motion)
- Utah Code § 78A-8-102 (small claims limit)
- Utah Code § 78B-2-309 (statute of limitations)
Last checked: Oct 24, 2026.