Set Aside Default Judgment.3
Set Aside Default Judgment.3
Set Aside
A
Default
Judgment
Disclaimer
This guide applies to civil judgments entered
in Indiana small claims court. For defendants
that are natural persons and not corporations or
other businesses. This guide contains general
information and is not legal advice. Use of the
information and forms does not create an attorney client relationship. Purchaser is entitled to a
one time use license for personal use and agrees
not to distribute or share.
At the Hearing
The defendant must be prepared to explain why the defendant did not appear at the initial hearing and
that the defendant has good faith grounds to object to the plaintiffs request for judgment.
Some reasons why good cause for failure to appear has been found in the past include the following:
(1)
(2)
(3)
(3)
(4)
(5)
Once a default judgment is set aside, the court will again schedule a hearing or trial on the merits of
the plaintiffs complaint. You will then get your day in court to defend the lawsuit.
(7) File the Appearance with the small claims court AND mail this Appearance and Motion to Set Aside
Judgment to Plaintiff by First-Class US Mail, postage pre-paid (you must include the appropriate amount
of postage). If Plaintiff is represented by counsel, you must send the documents to the Plaintiffs attorney
and not directly to Plaintiff.
Instructions on Completing and Filing the Motion to Set Aside Default Judgment
(1) Complete the top Caption portion in the same manner as the Appearance form.
(2) Paragraph #1-Enter date judgment was issued against you. This will be the hearing date at which you
failed to appear. Delete instructions in italics.
(3) Paragraph #2-Insert a brief reason in your own words for failing to appear at hearing. Delete
instructions in italics.
(4) Paragraph #3-Insert a brief reason how you plan to defend against the Plaintiffs complaint if you are
granted a new trial. Delete instructions in italics.
(5) Affix signature, printed name and address to Motion.
(6) Sign Certificate of Service. File the original Motion with the court and send a copy to Plaintiff by
First Class US Mail, postage prepaid/affixed. If Plaintiff is represented by an attorney, you must send the
Motion to the Plaintiffs attorney and not directly to the Plaintiff.
Filing the Paperwork
File the two documents with the small claims court that issued the judgment. Hand-delivering or mailing
the documents is preferred. In some cases, a small claims court will permit documents to be transmitted
by fax or email. Call the court directly and ask about permitted methods for filing an Appearance and a
Motion to Set Aside Default Judgment.
Hearing
Appear at the hearing on the date set by the judge prepared to argue good cause for failing to appear and
a good faith defense to the lawsuit. Bring proof if available as to why you failed to appear. Remember
the hearing is only on the issue of whether to set aside the judgment and set a new trial date.
Before beginning, make sure you have gathered all court documents related to your case. These
documents are public record and available for inspection and copying. The documents are not available
online, but you can obtain copies by visiting the small claims court during office hours and making copies.
Call ahead to see how much copies cost and what form of payment is accepted.
With a little work, you can obtain a do-over and defend the lawsuit, perhaps avoiding the judgment all
together. Best wishes!
STATE OF INDIANA
)
)
COUNTY OF ___________
)
______________________________ )
Plaintiff )
)
vs. )
)
_____________________________ )
Defendant )
Initiating ____;
Responding ____; OR
Intervening ____
2.
Contact information for service as required by Trial Rule 5(B)(2). (If a related case
involves a protection from abuse order, a workplace violence restraining order, or a
no-contact order, provide a mailing address at which you can receive legal service of
documents but does not expose your whereabouts.)
Address:
____________________________________________________
____________________________________________________
Email: ____________________________________________________
Phone: ____________________________________________________
Fax: ____________________________________________________
______ By checking this box, you are indicating you are enrolled in the Attorney Generals
Confidentiality program and can receive service of process of legal documents at the following email
address [email protected] (Check on address)
3.
This is an SC case type as defined in administrative Rule 8(B)(3).
4.
I will accept service by Fax at the number above Yes ____ No ____
_________________________________________
Signature of Defendant
CERTIFICATE OF SERVICE
I hereby certify (by my signature) that I sent a copy of this Appearance by first class mail to the
opposing attorney, or the opposing party if the opposing party is not represented by an attorney, on
______________________________(date).
________________________________________
Signature of Defendant
STATE OF INDIANA
)
)
COUNTY OF ___________
)
______________________________ )
Plaintiff )
)
vs. )
)
_____________________________ )
Defendant )
In support of said Motion, Defendant shows the following good cause to set aside the judgment:
(Insert reasons for failing to appear at hearing. Example-Notice of Claim was delivered
to minor at Defendants residence who misplaced the Notice of Hearing.)
Additionally, Defendant has the following meritorious defense to Plaintiff s complaint:
(Insert good faith defense. Example-Defendant has proof of claim paid in full.)
I do hereby affirm under the penalties of perjury that the above statements are true.
____________________________________
Signature of Defendant
____________________________________
Printed name of Defendant
____________________________________________
____________________________________________
Address
CERTIFICATE OF SERVICE
I hereby certify (by my signature) that I sent a copy of this Verified Motion by first class mail to the
opposing attorney, or the opposing party if the opposing party is not represented by an attorney, on
______________________________(date).
________________________________________
Signature of Defendant