If an unlawful detainer default judgment has been entered against you, the way to set it aside is to file a motion to vacate with the same court that issued the judgment, show the judge a recognized legal reason you missed the response deadline, and attach a proposed answer that lays out a real defense to the eviction. If a sheriff’s lockout is already scheduled, you will usually need to file a second request at the same time asking the court to pause enforcement while the motion is decided.
Speed matters more here than almost anywhere else in civil practice. The window between a default and a lockout can be a matter of days, and every day you wait weakens the motion itself.
File Before the Clock Runs Out
Two different deadlines govern this motion, and which one applies depends on why you’re asking the court to undo the judgment.
If your argument is excusable neglect, mistake, newly discovered evidence, or fraud, most states follow the federal framework and cap the motion at one year from the date the judgment was entered.1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order Some states shorten that to six months. The one-year ceiling is the outside limit, not a safe harbor; a judge can still deny a motion filed within the year if you sat on your rights after learning about the judgment.
If your argument is that the judgment is void because you were never properly served, the older rule in many states allowed a challenge at any time. That has changed. In January 2025, the U.S. Supreme Court held unanimously in Coney Island Auto Parts Unlimited, Inc. v. Burton that even void-judgment challenges must be brought within a “reasonable time,” rejecting the idea that the court’s doors should remain “perpetually open to allegations of voidness.”2Supreme Court of the United States. Coney Island Auto Parts Unlimited, Inc. v. Burton
What counts as reasonable depends on the circumstances. The practical rule is simpler: file as soon as you learn about the judgment. Waiting weeks when you could have acted in days may itself cost you the case.
Legal Grounds the Court Will Accept
Judges do not set aside defaults as a courtesy. You need to point to a specific legal ground, and most states draw from the same list that appears in Federal Rule of Civil Procedure 60(b).1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order Four grounds carry most unlawful detainer motions.
Improper service. If the lawsuit papers were never properly delivered to you, the court lacked authority to enter the judgment at all, and the judgment is void. This is the strongest ground. Most states allow substituted service — leaving the papers with another adult at your home or workplace and then mailing a second copy — only after the process server has made specific attempts at personal delivery. Some states permit “nail and mail,” where papers are taped to your door and a copy is sent, again only after multiple failed attempts. Papers left with a minor, posted at the wrong address, or never followed up by mail can all defeat the service.
Excusable neglect. You knew about the lawsuit but had a genuine reason for missing the deadline. A hospitalization, a death in the family, a mental health crisis, or a natural disaster can qualify. Forgetting or being busy generally does not.
Fraud or misrepresentation. The landlord lied to the court or to you in a way that caused the default. A landlord who told you the case had been dropped when it hadn’t is a classic example.
Mistake or surprise. You misunderstood the deadline, the summons gave confusing or incorrect information, or something unexpected happened in the proceedings that you had no reasonable way to anticipate.
You Also Have to Show a Real Defense
Clearing the procedural hurdle only gets you halfway. Nearly every court also requires you to show that you have a meritorious defense to the eviction itself. Judges want to know that reopening the case would actually accomplish something. If you owe the rent, admit the lease violation, and have nothing to offer, a court is unlikely to vacate the default just so you can lose at trial instead.
That is why the motion package must include a proposed answer to the landlord’s complaint. The judge reads it to decide whether your defense has enough substance to justify a do-over. You don’t have to prove the defense at this stage; you have to make it plausible.
Defenses worth raising in the proposed answer include:
- Improper eviction notice. The landlord’s pre-lawsuit notice (such as a notice to pay rent or quit) has to meet your state’s requirements for content, amount owed, and delivery. Errors can invalidate the entire case.
- Uninhabitable conditions. If the landlord failed to maintain the property — broken plumbing, no heat, pests, mold — the implied warranty of habitability may give you a defense, particularly if you withheld rent after the landlord refused to make essential repairs.
- Retaliation. Most states prohibit evictions in response to reporting code violations, requesting repairs, or calling emergency services.
- Discrimination. Federal fair housing law prohibits evictions motivated by race, color, religion, sex, national origin, familial status, or disability. States and cities often add more protected categories.
- Acceptance of rent. A landlord who accepted rent after the alleged violation or after the pay-or-quit notice expired may have waived the right to proceed.
One solid defense is enough. Identify every one that applies, though, because you may not get another chance to add them.
The Three Documents You File
The motion package has three core pieces. Court clerks’ offices and court websites usually provide forms; some courts require numbered pleading paper instead.
Motion to set aside default judgment. The formal request. It identifies the case, states the legal grounds you are relying on, and names the relief you want.
Declaration or affidavit. A sworn statement, signed under penalty of perjury, laying out the facts behind the motion. If you are claiming improper service, describe in detail what happened or didn’t happen when the papers were supposedly delivered. If you are claiming excusable neglect, explain the emergency and attach documentation — hospital records, police reports, death certificates, whatever supports the story.
Proposed answer to the complaint. Go through the landlord’s complaint paragraph by paragraph, admitting what is true, denying what is not, and listing your affirmative defenses.
Attach every piece of evidence you have. Photographs of conditions, repair receipts, text messages from the landlord, and a process server’s affidavit that shows the wrong address will do more work than any amount of argument.
Filing, Fees, and Serving the Landlord
Bring the originals and the required number of copies (typically two or three) to the clerk’s office at the courthouse where the eviction was filed. The clerk stamps everything, enters it on the docket, and assigns a hearing date.
Filing a motion usually requires a fee. If you cannot afford it, ask for a fee waiver based on financial hardship. Federal courts use standardized application forms, and most state courts have their own equivalent.3United States Courts. Fee Waiver Application Forms
After filing, you must serve the landlord or the landlord’s attorney with a copy of everything. You cannot serve the papers yourself. An adult who is not part of the case has to deliver them and then sign a proof of service form, which you file back with the court. A professional process server generally runs $20 to $100.
Stopping an Imminent Lockout
Filing the motion does not, by itself, stop the sheriff. If a writ of possession has already issued and a lockout is scheduled, you likely need a separate order called a stay of execution, which pauses enforcement while the motion is pending.
A stay usually requires an ex parte application — a request on shortened notice because the normal hearing calendar is too slow. Three things typically have to line up:
- Notice to the landlord. Even on an emergency track, you generally must notify the landlord or the landlord’s attorney at least 24 hours before you appear.
- Rent deposit. Most judges will not grant a stay unless you deposit the daily rental value for each additional day you want to stay. On $1,500 rent, that’s roughly $50 a day. The landlord’s complaint usually states the daily figure.
- Filing before the lockout. You need the paperwork in front of a judge before the sheriff’s deadline. Starting at least 48 hours out leaves a workable margin.
The stay is discretionary. Showing up prepared, with the deposit ready and the motion filed, improves the odds considerably. If granted, a stay often buys up to 40 days from the original judgment date while the court considers the motion to set aside.
What Happens at the Hearing
At the hearing, both sides get to speak. Because you filed the motion, you go first. Be ready to explain, briefly, why the default should be vacated: you were never served, a medical emergency kept you from responding, the landlord misled you about the status of the case.
Expect questions. The judge will likely want to know when you first learned about the judgment, what you did once you found out, and what defense you have to the eviction. The landlord’s attorney will then argue against the motion, typically by pointing to delay or weaknesses in the defense.
The judge may rule from the bench or take the matter under advisement and issue a written decision later. If the motion is granted, the default is erased and the eviction case restarts; you then have to file your answer by whatever new deadline the judge sets. Miss that one and you’ll be in default again.
If the Motion Is Denied
A denial can usually be appealed to a higher court, but the window to file an appeal is short, often shorter than the original response deadline. Some jurisdictions require you to post a bond to keep the eviction paused while the appeal is pending. If an appeal is on the table, start that process the day of the ruling.
Where to Get Help
Many cities and counties have legal aid organizations focused on eviction defense, and some jurisdictions now run right-to-counsel programs that guarantee a free lawyer for tenants facing eviction. LawHelp.org keeps a national directory of nonprofit legal aid providers organized by state.
Even without full representation, most courts have self-help centers that will walk you through the forms and make sure the paperwork is filed on time. They cannot give case-specific legal advice, but on a filing this time-sensitive, the procedural help alone can be what keeps you in the home.