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Request to Set Aside Default Judgment

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REQUEST TO SET ASIDE DEFAULT JUDGMENT

Small Claims Court

County,

Court Address:

▲ COURT USE ONLY ▲

Case Number:

PLAINTIFF(S):

Address:

City/State/Zip:

Phone (Home/Work):

DEFENDANT(S):

Address:

City/State/Zip:

Phone (Home/Work):

Division

Courtroom

REQUEST TO SET ASIDE DEFAULT JUDGMENT

1. I/We, am/are the Defendant(s) in this action.

2. Judgment was entered against me/us on (date)

3. I/We was/were not present at the trial and did not notify the court that I/we could not be present because:

I/We believe I/we can prove the following facts which show that I/we do not owe the money the

Plaintiff(s) is/are claiming I/we am/are not in violation of the covenant(s) because:

I/We request that the judgment be set aside and the case be tried. I/We declare under penalty of perjury that these statements are true and correct.

Date:

Defendant(s) Signature

ORDER

The request to set aside the default judgment in this case is GRANTED DENIED SET FOR HEARING.

Date:

Judge/Magistrate

NOTICE AND CERTIFICATE OF MAILING

Please note that on (date) in the Small Claims Division of the County Court at

this matter will be called for hearing on Defendant's Motion to Set Aside Judgment or trial. YOU MUST BE PRESENT AND PREPARED FOR TRIAL WITH ALL WITNESSES, BOOKS AND PAPERS TO ESTABLISH YOUR CLAIM IF THE REQUEST IS GRANTED. A copy of this notice was mailed to the parties on the date set forth below.

Date Mailed to Parties:

Clerk of Court/Deputy Clerk

JDF 253A R7/00 REQUEST TO SET ASIDE DEFAULT JUDGMENT

1

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What a Request to Set Aside Default Judgment Is

A Request to Set Aside Default Judgment is a court filing asking a judge to undo a previously entered default judgment against a party and permit the case to proceed on the merits. Typical grounds include excusable neglect, lack of proper service, mistake, newly discovered evidence, or void judgment for jurisdictional defects. In federal courts this relief is commonly sought under Rule 60 of the Federal Rules of Civil Procedure; state courts apply comparable rules or statutes. Drafting must describe the factual basis, legal grounds, and attach supporting evidence such as affidavits and proof of timely action.

Why Filing a Request Matters

Setting aside a default judgment restores a party’s right to be heard, halts enforcement or collection, and allows substantive defenses to be adjudicated. Prompt, well-supported requests preserve procedural and substantive rights and can avoid irreparable financial consequences.

Why Filing a Request Matters

Who Typically Files a Request to Set Aside Default Judgment

Individuals and organizations who were defaulted because they missed service, failed to respond, or received an invalid notice commonly seek relief.

  • Pro se defendants who missed service or deadlines and want to reopen the case to present a defense.
  • Defense attorneys representing clients with excusable neglect, improper service, or jurisdictional challenges.
  • In-house legal or risk teams seeking to stop enforcement while assessing settlement or litigation strategy.

Courts expect timely, factual motions with supporting affidavits; counsel may advise whether to pursue relief and which legal standard applies in the jurisdiction.

Who May Sign and Submit the Motion

Pro se Applicant

A self-represented litigant may sign and file the request but should provide clear factual affidavits and proof of inability to respond. Courts scrutinize pro se filings for timeliness and sufficient justification.

Licensed Attorney

An attorney admitted in the jurisdiction can sign, file, and represent the moving party at any hearing; counsel can also seek stays of enforcement and file supporting briefs under local rules.

Essential Parts of a Professional Request

A complete, persuasive request to set aside a default judgment organizes factual and legal support clearly, cites the controlling rule or statute, and includes documentary proof and a proposed order for the court’s convenience.

Case Caption

Court name, docket number, and party names must match the judgment and every attachment to avoid clerical rejection or confusion.

Statement of Facts

A concise timeline explaining why the party failed to respond and actions taken after learning of the judgment; tie facts to legal standards.

Legal Grounds

Specify the rule or statute (for federal cases, Fed. R. Civ. P. 60(b) or 60(d)) and explain why its elements are satisfied here.

Supporting Evidence

Affidavits, proof of service, medical or travel records, or other contemporaneous documents that corroborate excusable neglect or lack of notice.

Relief Requested

State exactly what relief you seek (vacatur of judgment, leave to answer, deadline to respond, and any requested stay of enforcement).

Proposed Order

Attach a clean proposed order the judge can sign if relief is granted; include any conditions or deadlines.

Step-by-Step: Preparing and Filing Your Request

Follow these core steps to prepare a complete, properly served motion to set aside a default judgment.

  • 01
    Confirm Basis: Identify legal grounds and gather evidence.
  • 02
    Draft Motion: Prepare motion, affidavits, and proposed order.
  • 03
    File with Court: Submit via e-file or clerk and pay fees.
  • 04
    Serve Parties: Serve opposing counsel and file proof of service.

How to Configure an Online Filing and eSubmission Workflow

When using digital tools, configure authentication, attachments, and routing to match court filing and service rules.

Field Configuration
Authentication Email link plus SMS code for signer verification
Notarization Enable RON or attach notarized affidavit if required
File Types Use PDF/A for court compatibility
Retention Set retention per recordkeeping policy

Technical and Security Requirements for Electronic Filing

Courts and e-filing systems commonly require PDF submissions, reliable audit trails, and secure transmission to accept digital motions.

  • File Format: PDF/A or searchable PDF
  • Security: TLS 1.2/1.3; AES-256 at rest
  • Audit Trail: Timestamped signing and IP capture

Ensure your eSignature provider and court portal meet ESIGN and local e-filing technical requirements; platforms with RON and audit trails simplify notarization and proof of execution.

Where to File and How to Serve the Motion

Filing and service procedures vary by court; use the court clerk, e-file portal, or local rules to determine required methods and proof.

  • Prepare Documents: Assemble motion, affidavit, exhibits, and proposed order.
  • File with Court: Use the court’s e-filing system or submit to the clerk.
  • Serve Opposing Party: Serve per local rule (email, e-file service, or personal service).
  • File Proof: Upload or file proof of service and receipt.

Timelines and Typical Deadlines to Watch

Timeliness is critical; federal and state rules set different clocks. Confirm local rules and any statutory deadlines before filing.

Federal Rule Deadline:

Fed. R. Civ. P. 60(c) requires motions be made within a reasonable time; certain grounds require filing within one year.

State Deadlines:

State courts may set specific short deadlines; check the local civil procedure code.

Service Deadline:

Proof of service must typically be filed promptly after motion filing.

Hearing Scheduling:

Courts may schedule hearings within weeks to months depending on calendar.

Enforcement Stay:

Request a stay if judgment enforcement would cause irreparable harm pending motion resolution.

Key Milestones from Judgment to Motion Resolution

Track these discrete stages to ensure filings and service occur within acceptable timeframes and to coordinate evidence and hearings.

01

Entry of Default Judgment

Court enters judgment and enforcement options become available.

02

Discovery of Judgment

Mover learns of judgment and compiles supporting evidence.

03

Motion Filed

File motion, affidavits, and proposed order with the court.

04

Court Decision

Judge rules, may set hearing, vacate judgment, or deny relief.

Common Mistakes to Avoid When Preparing the Request

  • Failing to demonstrate excusable neglect or a valid legal basis, leaving the motion vulnerable to denial.
  • Submitting unsigned affidavits or improperly authenticated evidence, leading to exclusion of key proof.
  • Misspelling case captions or docket numbers, creating clerical rejection or misfiling within the court system.
  • Neglecting to request a stay of enforcement when immediate relief is necessary to prevent irreparable harm.

Risks and Consequences of an Incorrect or Untimely Request

Motion Denied: Court refuses relief and judgment remains enforceable.
Enforcement: Garnishment, levy, or lien collection may proceed immediately.
Sanctions: Court may impose fees or sanctions for frivolous filings.
Increased Costs: Additional attorney fees and court costs accumulate.
Collateral Estoppel: Judgment may bar future litigation on the same claims.
Limited Remedies: Late motions face stricter standards and reduced chances of relief.

Supporting Documents to Include with the Motion

Courts expect clearly labeled exhibits that corroborate facts, verify service, and support the legal claim for vacatur or relief.

Affidavit of Service

Attach proof showing who served documents, how service occurred, and the date; inconsistent service records are a common ground for vacatur.

Declaration

A sworn declaration describing excusable neglect, circumstances preventing response, and steps taken after learning of the judgment.

Exhibits

Medical records, travel logs, or business records that corroborate the claimant’s inability to respond or lack of notice.

Proposed Order

A concise proposed order for the judge to sign vacating the default and setting new deadlines or conditions.

Typical eSignature Pricing and Capability Comparison

Common eSignature providers vary by pricing model and enterprise capabilities; signNow appears first as a commonly used option for document workflows related to court filings and internal approval.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Requests to Set Aside Default Judgments

Answers to common procedural and evidentiary questions when preparing a motion to set aside a default judgment.


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