Shows users what a post-judgment draft might organize when a default, service problem, or urgent deadline exists.
Preview sample
MOTION TO SET ASIDE DEFAULT JUDGMENT SAMPLE — COURT FORMAT
[INSERT COURT NAME]
[INSERT JURISDICTION]
ABC COLLECTIONS LLC, )
Plaintiff, )
)
v. ) Case No. [INSERT CASE NUMBER]
)
SAMPLE CONSUMER, )
Defendant. )
MOTION TO SET ASIDE DEFAULT JUDGMENT
Defendant Sample Consumer respectfully asks the Court to set aside the default judgment entered on [date], subject to the Court’s rules and authority.
In support, Defendant states:
1. Defendant first learned of the judgment on or about [date].
2. Defendant did not have a meaningful opportunity to respond because [insert service, notice, address, illness, military, bankruptcy, or other facts only if true].
3. Defendant is acting promptly after learning of the judgment. [Insert dates and explanation.]
4. Defendant has potential defenses and questions concerning Plaintiff’s ownership, contract, balance, notices, service, limitations, military status, bankruptcy, or right to collect. [Tailor to facts.]
5. Defendant requests an opportunity to respond on the merits.
LEGAL BASIS
This sample leaves the specific rule blank because the correct basis depends on the court and jurisdiction. Possible concepts may include mistake, inadvertence, surprise, excusable neglect, lack of service, void judgment, newly discovered facts, fraud, satisfaction, or another ground allowed by local rule or statute.
Requested relief:
Defendant asks the Court to reopen or set aside the default judgment, schedule further proceedings, and grant any other relief appropriate under the rules.
Respectfully submitted,
______________________________
Sample Consumer
[Mailing Address]
[Phone]
[Email, if required or permitted]
CERTIFICATE OF SERVICE
I certify that on [date], I sent a copy of this motion to [opposing party / counsel] by [method allowed by local rule].
______________________________
Sample Consumer
Attorney-review note: Default/judgment deadlines can be very short and highly technical. The correct rule, burden, affidavit requirement, proposed order, hearing request, and service method must be verified before filing.