How to Set Aside a Default Judgment in Federal Court: Rule 55(c) vs. Rule 60(b)

How you set aside a default judgment in federal court depends on what the docket shows. If the clerk has only entered your default, you move under Rule 55(c) and show "good cause." If the court has entered a final default judgment, you move under Rule 60(b), which has narrower grounds and firmer deadlines. If you were never properly served, the judgment may be void under Rule 60(b)(4).

How to set aside a default judgment in federal court: read the docket first

Federal default happens in two steps, both in Rule 55.

Rule 55(c) is one sentence: "The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)."

So the docket entry controls. A line reading "Clerk's Entry of Default" means you are before judgment. A line reading "Default Judgment" or "Judgment" means you are after it, and if that judgment is final, the lenient standard is gone. A default judgment that leaves other claims or parties pending is not final unless the court directs entry under Rule 54(b); the 2015 committee note to Rule 55 says Rule 60(b)'s "demanding standards" apply only to a final judgment.

If no default has been entered yet, you may not need any of this. A defendant has 21 days after service to answer under Rule 12(a)(1)(A)(i), and a missed deadline can often be cured by an agreed extension before the plaintiff asks the clerk for anything. See how to answer a complaint for the response options.

Before judgment: Rule 55(c) "good cause"

A motion to set aside entry of default turns on good cause, which the rule does not define. Circuit law does, and the lists are similar but not identical.

The Second Circuit considers "the willfulness of the default, the existence of a meritorious defense, and the level of prejudice that the non-defaulting party may suffer should relief be granted." Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167 (2d Cir. 2001). The same opinion resolves doubts in favor of the party seeking relief, which keeps disputes on the merits.

The Fourth Circuit uses a longer list: "whether the moving party has a meritorious defense, whether it acts with reasonable promptness, the personal responsibility of the defaulting party, the prejudice to the party, whether there is a history of dilatory action, and the availability of sanctions less drastic." Payne ex rel. Estate of Calzada v. Brake, 439 F.3d 198 (4th Cir. 2006). The court added that the ruling "lies largely within the discretion of the trial judge," so the order is hard to overturn on appeal either way.

Whatever your circuit's version, the judge asks three things:

1. Was the default your fault, and how bad was it? Missing a deadline because a summons went to a closed office reads differently from ignoring the case for six months.
2. Do you have a real defense? Not a winning one. A plausible one, stated with facts.
3. Will the plaintiff be hurt by going forward? Delay alone is usually not prejudice. Lost evidence or vanished witnesses are.

Move fast. Several factors are about speed, and the judge will count the days from when you learned of the default to when you filed. Find your circuit's controlling authority before you write, because the factor list and the weight given to each differ by circuit.

After judgment: Rule 60(b)

To vacate a default judgment once it is final, you move under Rule 60(b), which allows relief "[o]n motion and just terms" for six reasons. For defaults, three matter:

• 60(b)(1): "mistake, inadvertence, surprise, or excusable neglect." The usual ground when you knew about the case and missed a deadline.
• 60(b)(4): "the judgment is void." The usual ground when you were never properly served.
• 60(b)(6): "any other reason that justifies relief." A catch-all that courts apply sparingly.

The full grounds table, the Rule 59(e) alternative and the appeal-clock trap are in our guide to the motion for reconsideration.

Excusable neglect

The Supreme Court's framework comes from Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993). The case construed Bankruptcy Rule 9006(b)(1), not Rule 60(b), and it describes excusable neglect as an equitable inquiry into all the relevant circumstances: the danger of prejudice to the other side, the length of the delay and its impact on the proceedings, the reason for the delay, and whether the movant acted in good faith. Courts often apply that analysis under Rule 60(b)(1), so check how your circuit does it.

The practical difference from 55(c) is the text itself: 55(c) says "good cause," while 60(b) lists specific grounds and carries the Rule 60(c) deadlines. Some circuits also apply the factors more strictly to a final judgment than to an entry of default. The Second Circuit applies them "more rigorously in the case of a default judgment." Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993). The same facts can win at one stage and lose at the other. If you can still move under 55(c), do not wait for a judgment to find out.

Void judgments: the 60(b)(4) route

A default judgment entered without proper service is a common version of a void judgment. A court cannot bind a party who was not served in a manner the rules allow. The same logic applies when the court never had personal jurisdiction over you; see our post on Rule 12(b)(2) lack of personal jurisdiction.

In United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010), the Court said Rule 60(b)(4) "applies only in the rare instance where a judgment is premised either on a certain type of jurisdictional error or on a violation of due process that deprives a party of notice or the opportunity to be heard." It also described a void judgment as one "so affected by a fundamental infirmity that the infirmity may be raised even after the judgment becomes final." Defective service fits the second category.

In Peralta v. Heights Medical Center, Inc., 485 U.S. 80 (1988), the Court held that a state could not require a defendant to prove a meritorious defense before vacating a default judgment entered without notice or service. Due process, the Court said, requires "notice reasonably calculated" to inform parties and give them an opportunity to respond. For a defendant who was never served, that changes the order of proof: you argue service first, and the merits do not gate relief.

Two cautions:

• Timing. Rule 60(c)(1) says a Rule 60(b) motion must be made "within a reasonable time," and puts the one-year cap on grounds (1), (2), and (3) only. The Second Circuit has noted the oft-stated view that a motion to vacate a default judgment as void "may be made at any time," but said it "could easily be persuaded" that a defendant who filed an earlier motion to vacate without raising voidness had not moved within a reasonable time. Beller & Keller v. Tyler, 120 F.3d 21 (2d Cir. 1997). Check your circuit before you rely on the absence of a one-year cap.
• Proof. A signed return of service is evidence that service happened. To beat it you need facts: the address was a former residence, or the person who accepted the papers had no authority to take them. A bare statement that you "never received" the summons rarely carries the motion.

The deadline table

One year is a ceiling, not a safe harbor. Waiting eleven months after learning of the judgment is likely to look unreasonable. Calendar the date of entry and the date you learned of the judgment: the one-year clock runs from entry, and the reasonableness clock runs from what you knew.

What to attach to the motion

The motion should be short. The exhibits carry the weight.

1. A declaration from the defendant. First-hand facts: when you learned of the suit, what you did next, why you did not respond, and, for a service challenge, exactly why service was defective.
2. A proposed answer or a detailed statement of defenses. The meritorious-defense factor is satisfied by facts that, if proven, would be a defense. A pleading showing what you will argue is the clearest way to show it. Some courts or judges expect the proposed responsive pleading to be attached, so check the local rules and the judge's standing order.
3. A proposed order. Make it easy to grant.
4. A statement on prejudice. Say why the plaintiff loses nothing but time, and what discovery is still available.
5. A certificate of conferral if the local rule requires one. Check page limits and format there too.

Do not argue that the case is unfair. Argue that it can still be decided on the merits, and say what the merits are.

Two more things to check

The 7-day notice. Rule 55(b)(2) says that if the party against whom judgment is sought "has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing." If you had appeared and the plaintiff skipped the notice, say so in the motion. Whether your earlier contact counts as an appearance is a question of circuit law, so do not assume it does.

State court. This post covers federal court only. State rules on vacating default differ in the standard, the deadline, and sometimes the vocabulary, and a judgment from a state court is not reached by Rule 60(b).

Citations in a vacatur motion

A motion to set aside a default is read by a judge who already thinks you missed a deadline. A wrong cite costs you credibility you do not have. Verify every authority, quote the factor test from your own circuit rather than a treatise's summary, and remember that an unfounded filing can draw Rule 11 exposure on its own. If you used AI to find case law, read our guide to verifying AI-generated citations before you file.

If personal jurisdiction is in doubt, you may also want to raise it by motion to dismiss once the default is vacated. Raise it in your first Rule 12 response so you do not waive it.

Frequently asked questions

What is the difference between entry of default and default judgment?

Entry of default is the clerk's notation under Rule 55(a) that you failed to plead or otherwise defend. Default judgment is the later order under Rule 55(b) that actually awards relief against you. Entry of default can be set aside for good cause under Rule 55(c). Once final judgment is entered, you need Rule 60(b).

How long do you have to set aside a default judgment in federal court?

Rule 60(c)(1) requires a motion within a reasonable time, and no more than a year after entry of judgment for mistake, excusable neglect, new evidence, or fraud. A void-judgment motion under 60(b)(4) has no one-year cap in the rule's text, but courts differ on how reasonable time applies. Separately, the 30-day appeal clock runs from entry of judgment, and a Rule 60 motion resets it only if filed within 28 days.

Do you need a meritorious defense to set aside a default?

Usually yes. Most circuits treat a meritorious defense as a factor, and you show it with specific facts or a proposed answer, not a general denial. The exception is a judgment void for lack of service or notice. The Supreme Court held in Peralta v. Heights Medical Center that due process bars requiring a meritorious defense there.

Can you set aside a default judgment if you were never served?

Yes. A judgment entered without proper service is generally void, and Rule 60(b)(4) lets a court relieve you of a void judgment. Attach a declaration describing how and when you learned of the case and why the service was defective. Do not just say you never got the papers: say what the proof of service claims and why it is wrong.

Does filing a motion to set aside stop collection?

No. Under Rule 60(c)(2), a Rule 60 motion does not affect a judgment's finality or suspend its operation. If the plaintiff can enforce the judgment while your motion is pending, ask the court separately to stay enforcement, and ask the judge to rule on that request promptly.

Before you file it

CaseRead searches public law and your own case files together inside the matter, so you can pull your circuit's vacatur factors with their sources. The one-year date goes on the matter's deadline calendar, and you can draft the motion in the native .docx editor. Then run the finished motion through the Hallucination Shield. It is free, needs no signup, and flags any citation (up to 50 per run) it cannot verify, which is the check you want before a judge decides whether you deserve a second chance.

This article is for general information and is not legal advice. For guidance on a specific case, consult a licensed attorney in your jurisdiction.