Can a Default Judgment Be Challenged After 28 Days?

Question from Sweetie, Can a Default Judgment Be Challenged After 28 Days?

Answer from AI:

In the United States, if a defendant fails to respond to a civil summons within the specified time frame, typically 28 days, the court may enter a default judgment against them. However, there are circumstances under which a defendant can challenge or “set aside” a default judgment, even if the plaintiff has proven negligence or breach of contract.

Understanding Default Judgments

A default judgment is a binding judgment in favor of the plaintiff when the defendant fails to take action, such as responding to a summons. This judgment can have significant consequences, including financial penalties or other court-ordered actions.

Grounds for Challenging a Default Judgment

A defendant may be able to challenge a default judgment by filing a motion to set aside the judgment. Common grounds for setting aside a default judgment include:

• Lack of Proper Service: If the defendant was not properly served with the summons and complaint, they might argue that they were unaware of the lawsuit.
• Excusable Neglect: If the defendant can demonstrate that their failure to respond was due to excusable neglect, such as a serious illness or an unavoidable circumstance, the court may consider setting aside the judgment.
• Fraud or Misrepresentation: If the plaintiff obtained the judgment through fraud or misrepresentation, the defendant might have grounds to challenge it.
• Meritorious Defense: The defendant must typically show that they have a valid defense to the claims made in the lawsuit.

Steps to Challenge a Default Judgment

If a defendant believes they have grounds to challenge a default judgment, they should consider the following steps:

1. Consult with a Legal Professional: It’s crucial to seek legal advice to understand the specific rules and procedures in the jurisdiction where the judgment was entered.
2. File a Motion to Set Aside the Judgment: This motion must be filed with the court that issued the default judgment. The motion should clearly state the reasons for setting aside the judgment and include any supporting evidence.
3. Attend a Hearing: The court may schedule a hearing to consider the motion. The defendant should be prepared to present their case and any evidence supporting their claims.
4. Comply with Court Orders: If the court sets aside the default judgment, the defendant must comply with any new deadlines or orders issued by the court.

Legal Considerations and Resources

The rules for setting aside a default judgment can vary by state and court. Therefore, it’s essential to consult the specific rules of civil procedure for the jurisdiction in question. For example, Federal Rule of Civil Procedure 55(c) and Rule 60(b) provide guidance on setting aside default judgments in federal court.

For more detailed information, you can refer to resources such as the [Federal Rules of Civil Procedure](https://www.law.cornell.edu/rules/frcp) or your state’s equivalent rules.

When to Seek Legal Advice

Given the complexity and potential consequences of default judgments, it is advisable to consult with a legal professional who can provide personalized advice based on the specifics of the case. Legal professionals can help navigate the procedural requirements and increase the likelihood of a successful challenge to a default judgment.