How to

A judgment was entered because you did not answer: what it means, and how to undo it

NATIONWIDEFederal courts follow Rules 55 and 60 of the Federal Rules of Civil Procedure; each state has its own rules and deadlines (California, Texas, Florida and New York below).Checked by the Justice legal team against official sources · Last reviewed Nov 1, 20263 free tools on this page

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Short answer

A default judgment is entered against a defendant who did not answer or appear in time. You can often set it aside if you act fast: in federal court within one year for excusable neglect, in California within 6 months, in Texas by a new-trial motion within 30 days. A judgment entered without proper service can be void.

Quick guide

Were you served? Find the rule that fits

1. How did the lawsuit reach you?

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Rehearse the set-aside hearing

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Key points

What it is: If you do not answer in time (21 days in federal court), the clerk enters your default, and then the clerk or the judge enters a default judgment for what the complaint asks.
Federal court: The court may set aside a default for good cause, and a default judgment under Rule 60(b): for mistake, inadvertence, surprise or excusable neglect, no more than a year after it was entered.
States: California: within 6 months (§ 473(b)). Texas: a motion for new trial within 30 days after the judgment is signed. Florida: 1 year. New York: 1 year after you are served with notice of entry.
Not served?: A judgment entered without valid service can be void, with longer or no fixed deadlines. Members of the military get 90 days after leaving service to ask to reopen it.

A default judgment is the court deciding a lawsuit for the plaintiff because the defendant did not answer or appear by the deadline. It is a civil judgment, not a criminal finding of guilt, but it is enforceable like any other: wage garnishment, bank levies and liens can follow. It can also be undone, if you move quickly and have a reason.

Below: how a default happens and each court's answer deadline, why being served matters, the federal rules (Rule 55 and Rule 60(b)) in their own words, the deadlines to set aside or vacate a default judgment in California, Texas, Florida and New York, a date calculator, what a motion to set aside needs, the protection for members of the military, and what happens next. Every rule is quoted from the official text. Part of our Lawsuits and claims guides.

Just served and still within your time to answer? Answer first: see answering a federal lawsuit or, for a debt case, sued by a debt collector.

What is a default judgment?

It happens in two steps. First the entry of default: when a party against whom a judgment is sought "has failed to plead or otherwise defend," the clerk must enter the party's default. Then the default judgment itself. Fed. R. Civ. P. 55(a)

By the clerk, for a sum certain. If the claim is for a sum certain or one that can be made certain by computation, the clerk enters judgment for that amount and costs on the plaintiff's request, with an affidavit showing the amount due, against a defendant who did not appear and is not a minor or incompetent.Fed. R. Civ. P. 55(b)(1)
By the court, in all other cases. The plaintiff applies to the judge. If you appeared in the case, you must get written notice of the application at least 7 days before the hearing. The court can hold a hearing to set the damages.Fed. R. Civ. P. 55(b)(2)
No more than the complaint asked for. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings.Fed. R. Civ. P. 54(c)
Against the United States, only with evidence. A default judgment against the United States, its officers or its agencies needs a claim established by evidence that satisfies the court.Fed. R. Civ. P. 55(d)

State courts follow the same pattern: in California the clerk enters the default and judgment for the principal amount demanded in a money claim on a contract, and the court decides other cases; in New York the judgment shall not exceed in amount or differ in type from that demanded. Cal. Code Civ. Proc. § 585 · N.Y. CPLR 3215(b)

How a default happens: the deadline to answer

Court	Time to answer	Before a default judgment	Rule
Federal court	21 days after service of the summons and complaint (60 days after a waiver request was sent)	Written notice 7 days before a court hearing if you appeared	Fed. R. Civ. P. 12(a)(1)(A), 55(b)(2)
California	30 days after the summons is served	Clerk or court enters the default and the judgment	Code Civ. Proc. §§ 412.20(a)(3), 585
Texas (district and county court)	By 10:00 a.m. on the Monday next after 20 days after service	Proof of service on file for 10 days first; notice of the default mailed to your last known address	Tex. R. Civ. P. 99(b), 107(h), 239a
Texas (justice court)	By the end of the 14th day after you were served	Default judgment if you do not answer	Tex. R. Civ. P. 502.5(d)
Florida	20 days after service	The clerk or the court enters the default	Fla. R. Civ. P. 1.140(a)(1), 1.500
New York	20 days after personal delivery; 30 days after other service is complete	At least 5 days' notice if you appeared; an extra mailing at least 20 days before judgment on a consumer contract debt	CPLR 320(a), 3215(g)

Counting days: in federal court you exclude the day of service, count every day including weekends and holidays, and if the last day is a Saturday, Sunday or legal holiday the period runs until the end of the next day that is not. Fed. R. Civ. P. 6(a)(1)

Tip. A plaintiff who waits too long can lose the default too: in New York, if the plaintiff does not take proceedings for a default judgment within one year after the default, the court shall dismiss the complaint as abandoned unless sufficient cause is shown. CPLR 3215(c)

Were you served? Why it matters

A court needs valid service to have power over you. A judgment entered without it is treated differently from one you simply did not answer, and the deadlines are longer or open-ended.

Federal: a void judgment. Rule 60(b)(4) lets the court relieve you from a judgment that is void. The one-year limit applies only to reasons (1) to (3); a motion on the other reasons must be made within a reasonable time.Fed. R. Civ. P. 60(b)(4), 60(c)(1)
California: no actual notice, or a void judgment. If service did not give you actual notice in time to defend, you can move within the earlier of 2 years after the default judgment or 180 days after you were served with written notice that it was entered. A judgment void for lack of proper service can be set aside under § 473(d), and the California Supreme Court held in 2024 that this is not subject to the two-year limitation.Cal. Code Civ. Proc. §§ 473.5(a), 473(d) · Cal. Capital Ins. Co. v. Hoehn (2024)
New York: not personally served. If you were served other than by personal delivery and did not personally receive notice in time to defend, you can move within one year after you learn of the judgment, but no more than five years (5 years) after it was entered, and you must show a meritorious defense. A lack of jurisdiction is its own ground, and the courts' CourtHelp says there is no time limit for bad service.CPLR 317, 5015(a)(4) · NY CourtHelp
Florida: void. A motion on the ground that the judgment is void must be filed within a reasonable time; the one-year limit applies to mistake, newly discovered evidence and fraud.Fla. R. Civ. P. 1.540(b)
Texas: bill of review. After the trial court's power ends, a judgment can be set aside only by bill of review. The Texas Supreme Court says an equitable bill of review must ordinarily be filed within four years of the date the judgment is signed.Tex. R. Civ. P. 329b(f) · Valdez v. Hollenbeck (Tex. 2015) · Tex. Civ. Prac. & Rem. Code § 16.051

Federal court: Rule 55(c) and Rule 60(b)

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). Fed. R. Civ. P. 55(c)

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that could not have been found in time for a new-trial motion;
(3) fraud, misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged, or applying it prospectively is no longer equitable;
(6) any other reason that justifies relief.

Timing. A Rule 60(b) motion must be made within a reasonable time, and for reasons (1), (2) and (3) no more than a year after the entry of the judgment. The motion does not suspend the judgment; enforcement is stayed for 30 days after entry unless the court orders otherwise. Fed. R. Civ. P. 60(c), 62(a)

Deadlines to set aside a default judgment in California, Texas, Florida and New York

State	Main motion and its deadline	If you were not served or had no notice	Rule
California	Motion for relief for mistake, inadvertence, surprise or excusable neglect: within a reasonable time, in no case exceeding six months (6 months) after the judgment, with a copy of your proposed answer. If your lawyer's mistake caused it, relief is mandatory with the lawyer's sworn affidavit, also within 6 months.	The earlier of 2 years after the default judgment or 180 days after written notice of it (§ 473.5); a void judgment under § 473(d)	Code Civ. Proc. §§ 473(b), 473.5(a), 473(d)
Texas	Motion for new trial within 30 days after the judgment is signed; if you got no notice within 20 days, the period starts on notice but never more than 90 days after the judgment was signed. Restricted appeal within 6 months. Justice court: motion to set aside within 14 days.	Bill of review, ordinarily within 4 years after the judgment is signed	Tex. R. Civ. P. 329b(a), 306a(4), 505.3(b) · Tex. R. App. P. 26.1(c), 30
Florida	Motion under rule 1.540(b) for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence or fraud: not more than 1 year after the judgment. The court may set aside a default before judgment.	Void judgment: within a reasonable time	Fla. R. Civ. P. 1.500(d), 1.540(b)
New York	Excusable default: within one year after service of a copy of the judgment with written notice of its entry on you.	Not personally served: one year after you learn of the judgment, no more than five years after entry (CPLR 317); lack of jurisdiction (5015(a)(4))	CPLR 5015(a)(1), 317, 5015(a)(4)
Federal court	Rule 60(b)(1) to (3): no more than a year after entry; others within a reasonable time.	Void judgment: within a reasonable time	Fed. R. Civ. P. 60(b), 60(c)(1)

Watch out. Florida's rule 1.500(d) no longer says "for good cause shown": the October 1, 2026 edition reads that the court may set aside a default, and a judgment on it under rule 1.540(b). The exact date of that change is not checked for this page.

New York's CourtHelp describes the deadline as up to one year from the date of the judgment; the rule itself counts the year from service of the judgment with notice of its entry, so the safest course is to move well within a year of the judgment.

Date calculator · 6 courts

Your deadline to set aside a default judgment

Each court's rule read from its official text · checked Nov 1, 2026

Which court entered it?

Date the judgment was entered or signedDate you were served with the judgment and notice of its entry (New York) or written notice of it (California)

Pick the court, then the date the judgment was entered or signed.

Rehearse the set-aside hearing What to file

Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.

What to file: a motion to set aside or vacate

Get the court file. The judgment, the date it was entered or signed, the proof of service the plaintiff filed, and any notice of entry. Your deadline runs from these dates.
Explain why you did not answer. In a sworn statement (an affidavit or declaration): when and how you learned of the case, and the mistake, surprise, excusable neglect or lack of service that kept you from answering.
Show your defense. Say what your defense to the claim is. New York requires a meritorious defense under CPLR 317, and California requires a copy of the answer you would file. Cal. Code Civ. Proc. § 473(b)
File the motion and serve it. Use the court's form if it has one (many self-help centers do), file it, and serve it on the plaintiff. In New York the request is usually made by Order to Show Cause; a bad-service claim can lead to a traverse hearing. NY CourtHelp
Ask to stop collection. If the plaintiff is garnishing wages or freezing an account, ask the court to stay enforcement while the motion is decided.

If the court grants it, the case goes back to the start: the California courts call it a set-aside that rewinds the case back to the beginning. You then answer and defend the claim. California Courts Self-Help

Checklist

Your motion to set aside: what to have ready

Tick what you have ready

A copy of the judgment and the date it was entered or signed
The proof of service the plaintiff filed, and what really happened (or did not) when you were served
A sworn statement of why you did not answer in time
Your defense to the claim, in a few sentences CPLR 317
A proposed answer to attach (required in California) Cal. Code Civ. Proc. § 473(b)
The court's set-aside form, or an Order to Show Cause in New York
A request to stop collection while the motion is decided, if wages or accounts are being taken
A copy served on the plaintiff or its lawyer

Tick each item as you get it ready.

Rehearse the set-aside hearing Your deadline

Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.

Members of the military: the Servicemembers Civil Relief Act

An affidavit first. Before entering judgment for the plaintiff when the defendant has not appeared, the court must require an affidavit stating whether or not the defendant is in military service.50 U.S.C. § 3931(b)(1)
Reopening the judgment. If a default judgment was entered during military service or within 60 days after it, the court shall reopen it on application if the servicemember was materially affected by reason of that service and has a meritorious or legal defense. The application must be filed not later than 90 days after release from military service.50 U.S.C. § 3931(g)

The California courts say the same: ask for the set aside within 90 days of leaving active duty. California Courts Self-Help: protections against default judgments for military members

After a default judgment: collection, appeals and divorce

Collection can start. A default judgment is enforced like any judgment. See wage garnishment for the federal limits on what can be taken from your pay.Fed. R. Civ. P. 62(a)
Can you appeal a default judgment? In Texas, a party who did not participate in the hearing that resulted in the judgment, and filed no timely post-judgment motion or notice of appeal, can bring a restricted appeal within six months after the judgment is signed. In the other states on this page, a motion to the same court is the usual route; appeal rules are not checked for this page.Tex. R. App. P. 26.1(c), 30
Default in a divorce. In California family law, the self-help guide gives 180 days from being served with notice of the default, or 2 years from the default judgment, for a set-aside when you had no actual notice. See filing for divorce.California Courts Self-Help: family law set-aside

Debt cases are the most common source of default judgments. If you were sued by a collector, see sued by a debt collector and whether the debt is too old to sue on.

Getting help

Court self-help centers have set-aside forms and free guidance; legal aid takes many debt and eviction default cases.

Find a lawyer or free legal aidLegal aid and state bar referral services, with first-consultation prices.Answer a federal lawsuitWhat an answer contains and the 21-day deadline.Served with a federal summonsHow to respond, and the 21-day deadline.

Common questions

What is a default judgment?

A judgment entered against a defendant who did not answer or appear by the deadline. The clerk first enters the default, then the clerk (for a sum certain) or the judge enters the judgment, which cannot exceed what the complaint asked for.

Does a default judgment mean guilty?

No. It is a civil judgment that the plaintiff wins the claim because you did not respond, not a criminal finding. It can still be enforced against your wages and accounts, and it can be set aside if you act in time.

How do I set aside a default judgment?

File a motion with the court that entered it, with a sworn statement of why you did not answer and what your defense is, within the deadline: in federal court within a year for excusable neglect, in California 6 months, in Texas 30 days for a new trial. See state deadlines.

What is the difference between setting aside a default and vacating a default judgment?

Setting aside the entry of default undoes the clerk's first step, before judgment, for good cause. Vacating (or setting aside) the default judgment undoes the judgment itself, under Rule 60(b) in federal court or the state's rule.

What happens after a default judgment is granted?

The plaintiff can enforce it: garnish wages, levy bank accounts or place liens. In federal court enforcement is stayed for 30 days after entry unless the court orders otherwise.

What happens if the plaintiff never asks for the default judgment?

In New York, if the plaintiff does not take proceedings for a default judgment within one year after the default, the court shall dismiss the complaint as abandoned unless sufficient cause is shown (CPLR 3215(c)).

Can a default judgment be set aside for improper service?

Yes. A judgment entered without valid service can be void: federal Rule 60(b)(4), California § 473(d), Florida rule 1.540(b) and New York CPLR 5015(a)(4) all provide for it, with no one-year limit in most of them.

Can you appeal a default judgment?

Sometimes. In Texas a restricted appeal is open within six months to a party who did not take part in the hearing. Elsewhere the usual route is a motion to the same court.

What is a motion for default judgment?

The plaintiff's request to the court for judgment after the defendant's default has been entered, when the claim is not for a sum the clerk can enter. If you appeared, you get written notice at least 7 days before the hearing in federal court.

Official sources

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.

Were you served? Find the rule that fits

What is a default judgment?

How a default happens: the deadline to answer

Were you served? Why it matters

Federal court: Rule 55(c) and Rule 60(b)

Deadlines to set aside a default judgment in California, Texas, Florida and New York

Your deadline to set aside a default judgment

What to file: a motion to set aside or vacate

Your motion to set aside: what to have ready

Members of the military: the Servicemembers Civil Relief Act

After a default judgment: collection, appeals and divorce

Getting help

Common questions

Official sources

Related