To get a default judgment set aside, you file a motion under Federal Rule of Civil Procedure 60(b) or its state equivalent, identify one of the recognized grounds for relief, show you have a real defense to the underlying claim, and do all of this quickly. Setting aside a default judgment is possible but far from automatic, and the window closes faster than most people expect.
Act Before Judgment Is Entered If You Can
If you learn about the lawsuit after the deadline to answer has passed but before the court has actually entered a judgment, you are in a much better position. A clerk’s entry of default is a preliminary notation on the record; a default judgment is the ruling that follows. To undo an entry of default, you only need to show “good cause,” which is a forgiving standard.1Legal Information Institute. Federal Rules of Civil Procedure Rule 55 Once a judgment has been entered on top of that default, the standard jumps to the specific grounds in Rule 60(b). If you catch the case in the gap between the two, move immediately. That is the easiest path you will have.
The Grounds You Can Use
Courts generally prefer to resolve cases on the merits, but preference alone will not get your motion granted. You need a recognized legal reason that fits one of the six categories in Rule 60(b):2Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Section: (b) Grounds for Relief from a Final Judgment, Order, or Proceeding
- Mistake, inadvertence, surprise, or excusable neglect. This is the ground defendants invoke most often, and it covers things like a medical emergency, a natural disaster, or a genuine misunderstanding about when a response was due. Courts weigh the risk of prejudice to the other side, the length of the delay, the reason for it and whether it was within your control, and whether you acted in good faith. Simply forgetting or being too busy rarely qualifies.3Legal Information Institute. Pioneer Investment Services v Brunswick Associates, 507 US 380 (1993)
- Newly discovered evidence that you could not have found through reasonable effort in time to respond.
- Fraud, misrepresentation, or misconduct by the opposing party. This applies when the plaintiff lied about serving you, forged a proof of service, or deliberately misled you about the status of the case.
- The judgment is void. The court lacked authority over you or the subject matter, or service of process was so fundamentally defective that the court never had power to act. If the summons was left at an address where you no longer lived and no other method was attempted, this ground may apply.
- The judgment has been satisfied or is no longer equitable. You already paid or otherwise resolved the obligation, or circumstances changed so that enforcing the judgment going forward would be unjust.
- Any other reason justifying relief. Courts apply this narrowly, and it cannot be used to sidestep the time limits that apply to the first three grounds.
You Also Need a Meritorious Defense
Picking a valid ground is necessary but not sufficient. You must also show the court that if the case is reopened, you have a real chance of winning on at least some of the claims. This is where many motions fail. Defendants who explain why they missed the deadline but never explain why they should not owe the money are wasting the court’s time.
The bar is not impossibly high. You do not need to prove your defense beyond doubt. You need to allege specific facts that, if believed at trial, would be a complete defense. General denials like “I don’t owe anything” will not work. You need something concrete: the debt was already paid, the statute of limitations expired, you were misidentified, the contract was forged, or the damages are wildly overstated. The more specific your factual allegations, the better.
How Long You Have to File
Every day you wait after discovering the judgment makes your motion harder to win. Rule 60(b) imposes two layers of timing.4Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Section: (c) Timing and Effect of the Motion
All Rule 60(b) motions must be made within a “reasonable time.” Courts expect you to move as soon as you learn about the judgment. Waiting several months after discovery without a compelling explanation often sinks a motion. Judges look at the reason for the delay, whether the other side will be prejudiced, and whether vacating the judgment will lead to a meaningful defense.
On top of that, the first three grounds carry a hard one-year deadline. Motions based on mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud must be filed no more than one year after the judgment was entered. Miss that window and these grounds are gone, no matter how strong your case would otherwise have been. The remaining grounds have no fixed outer deadline, but “reasonable time” still applies and gets harder to satisfy as months pass.
State courts set their own deadlines, and some are shorter. Check your jurisdiction’s rules immediately. By the time most people learn about a default judgment, weeks or months have already passed.
What to File
Start by pulling the court file. You need the exact case number, the date default was entered, and the date the judgment was signed. These records are available through the clerk’s office or the court’s online docket. Read the original complaint carefully so you know exactly what the plaintiff alleged.
Your motion package typically has three parts.
The motion itself is your formal request to the court, explaining which Rule 60(b) ground applies and why. Many courts offer fill-in forms through the clerk’s office or the court’s website. Whether you use a form or draft from scratch, include the case number, the parties’ names, the court’s department, and the specific relief you are requesting. Incomplete forms get rejected before a judge ever sees them.
A supporting declaration or affidavit does the heavy lifting. This is a sworn statement, signed under penalty of perjury, that lays out the facts. Explain why you missed the deadline and describe your defense to the underlying claims. If you were never properly served, include evidence such as proof you lived at a different address during the relevant period. A vague affidavit that says “I didn’t know about the lawsuit” without supporting details is nearly worthless.
A proposed answer to the original complaint is often required and always helpful. It responds to each allegation as if the default never happened, shows the court your meritorious defense, and demonstrates that you are ready to litigate if the default is vacated.
Filing, Serving, and Stopping Collection
Most courts accept electronic filing; some still accept or require paper copies. Filing fees vary by court, and fee waiver applications are available if you cannot afford the cost.
After the clerk accepts your filing, serve the motion on the opposing party or their attorney. Service is typically done through certified mail with a return receipt, a professional process server, or the court’s e-filing system if the other side is registered. You then file a certificate of service with the court. Under the federal rules, service through the e-filing system does not require a separate certificate because the system itself records delivery; service by any other method does.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 Failing to file proof of service can get your motion struck from the calendar before a judge reaches the substance.
Collection is a separate problem. A default judgment becomes enforceable once any automatic stay expires. In federal court, enforcement is automatically stayed for 30 days after entry.6Legal Information Institute. Federal Rules of Civil Procedure Rule 62 After that, the plaintiff can begin garnishing wages, levying bank accounts, or placing liens unless you act.
Filing a motion to vacate does not automatically stop enforcement. To halt collection while the motion is pending, ask the court for a stay of execution. The court has discretion to grant one and may require you to post a bond, typically covering the full judgment plus interest. If a full bond would cause severe financial hardship, courts sometimes accept reduced security, but that is the exception. If you discovered the judgment after the automatic stay expired and garnishment has already begun, request the stay immediately alongside your motion and explain the urgency.
What Happens at the Hearing
After the motion is filed and served, the court schedules a hearing or, in some cases, rules on the papers alone. At a hearing, you explain why the default should be vacated and the plaintiff argues it should stand. Expect pointed questions about why you did not respond on time and what specific defense you intend to raise.
Judges weigh three core factors: whether you have a meritorious defense, whether the default resulted from culpable conduct or an understandable situation, and whether vacating would unfairly prejudice the plaintiff. Prejudice here means more than the inconvenience of having to litigate. It means concrete harm such as lost evidence, unavailable witnesses, or changed circumstances that make a fair trial impossible.
Rule 60(b)’s “on just terms” language gives judges authority to impose conditions when granting relief.2Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Section: (b) Grounds for Relief from a Final Judgment, Order, or Proceeding A judge may vacate the default but require you to pay the plaintiff’s attorney fees incurred because of the delay, or set a compressed schedule for the remaining litigation. Winning the motion does not erase the consequences of the delay.
If the judge grants the motion, the judgment is vacated and the case returns to active litigation. You file your answer and the case proceeds as though the default never happened. If the judge denies the motion, the original judgment remains fully enforceable.
If the Judge Says No
A denial is not necessarily the end. In federal court, an order denying a Rule 60(b) motion is independently appealable. The appellate court reviews for abuse of discretion, a high bar: you would need to show the trial judge applied the wrong legal standard, relied on clearly erroneous factual findings, or reached a result no reasonable judge would reach. Appellate courts are reluctant to second-guess discretion on these motions.
The appeal must be filed within the time set by the applicable appellate rules. In federal court, the deadline is typically 30 days from the order denying the motion. Missing it forfeits the appeal entirely.
If neither the motion nor the appeal succeeds, the judgment stands as a final, enforceable court order. It can typically be enforced for years, renewed in many jurisdictions, and will show up on background checks and affect your ability to borrow money or transact property. The earlier you act after discovering a default judgment, the better your chances of avoiding that outcome.