Default judgment in West Virginia: 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. Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause.

Shortest time to ask
20 days (Magistrate court: motion to set aside, or appeal)
Time to answer
20 days

If you didn't answer in West Virginia

Magistrate court: if you do not answer in time, the plaintiff can file an affidavit 21 days after service (31 days if served on an agent) and get a default judgment. If the plaintiff does not seek a default judgment within 6 months of service, the case is dismissed without prejudice. Circuit court: the clerk enters default and the plaintiff asks for judgment.

Asking the court to undo a default in West Virginia

Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause. This 20-day limit is not extended unless the judgment was by default and service or notice of trial was insufficient. You can also appeal to circuit court within 20 days after judgment (or within 20 days after a motion to set aside is denied); if you miss that, the circuit court may still allow an appeal within 90 days of the judgment for good cause. Circuit court: a default judgment can be set aside under Rule 60(b): within 1 year for mistake, unavoidable cause, excusable neglect, new evidence or fraud; within a reasonable time if void.

Law: W. Va. Magistrate Court Civil Rules 10, 17, 18, 20(c); W. Va. R. Civ. P. 55(c), 60(b), 60(c); Information Sheet SCA-MI 401NP

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 West Virginia

Interest after the judgment

Simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not less than 4% or more than 9% a year. The Supreme Court's administrative office announces the rate each year, and it stays fixed for that judgment.

How long it lasts

The creditor can issue execution within 10 years after the judgment. Each new execution issued within 10 years of the last one's return day keeps it alive for another 10 years.

Law: W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a)

After a judgment in West Virginia

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)

What to do now in West Virginia

  1. Read the judgment

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Act within the time limit

    In West Virginia: Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause.

  3. Give your reason and your defense

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Know what can be taken

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

  5. Ask for free help

    Ask for free help: Legal Aid of West Virginia.

Free help in West Virginia

Questions about default judgments in West Virginia

How long do I have to answer a debt lawsuit in West Virginia?

Magistrate court: 20 days after you are served (30 days if an agent or attorney-in-fact accepted service for you). Circuit court: 30 days after you are served.

Can the plaintiff win by default in West Virginia?

Magistrate court: if you do not answer in time, the plaintiff can file an affidavit 21 days after service (31 days if served on an agent) and get a default judgment. If the plaintiff does not seek a default judgment within 6 months of service, the case is dismissed without prejudice. Circuit court: the clerk enters default and the plaintiff asks for judgment.

How do I set aside a default in West Virginia?

Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause. This 20-day limit is not extended unless the judgment was by default and service or notice of trial was insufficient. You can also appeal to circuit court within 20 days after judgment (or within 20 days after a motion to set aside is denied); if you miss that, the circuit court may still allow an appeal within 90 days of the judgment for good cause. Circuit court: a default judgment can be set aside under Rule 60(b): within 1 year for mistake, unavoidable cause, excusable neglect, new evidence or fraud; within a reasonable time if void.

Related West Virginia pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources