Steps To

Set Aside
A
Default
Judgment

Steps to Set Aside a Default

Judgment in Small Claims Court

Contained In This Guide

Many judgments are issued when a defendant fails to appear in small
claims court. This guide includes a description of when a defendant can
request a do over and the steps needed to obtain a new trial.
This guide includes two forms and instructions how to complete and file
them. Included in this guide are: Appearance; and Motion to Set Aside
Default Judgment.

Additional assistance can be obtained by visiting us and scheduling an

appointment at IndyAllies.com

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Steps to Set Aside a Default Judgment

in an Indiana Small Claims Court
Understanding Default Judgments
Indiana provides for certain disputes to be resolved in small claims court. Landlord tenant and
contract cases, especially collection on a debt, are the most frequent types of cases taken to small
claims court. Judgments can be issued for possession (eviction) of real property, return of personal
property and/or monetary awards up to $6,000.00.
If a Defendant fails to appear at a hearing/trial date
as set in the Notice of Claim, a court may enter
what is called a default judgment and award the
plaintiff the requested relief.
Judgments are valid for 10 years, and can be
extended. Ignoring them will only make matters
worse. If you have a valid defense to the original
claim against you, you might be able to get a new
trial and have the opportunity to raise your defense.

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.

Often a defendant might not even learn about the

lawsuit until the collection phase, when the plaintiff
obtains a garnishment order. Even at this point, there is a way for the defendant to ask the court to
vacate the judgment and start over by scheduling the case for a hearing. This process is achieved by
filing a Motion to Set Aside a Default Judgment in the court in which the judgment was issued.

How to Obtain a New Trial

Indiana permits a defendant to file a Motion to Set Aside a Default Judgment within one year of the
date of judgment. A motion is a formal request to a court to take a certain action, in this case, to set
aside the default judgment.
Upon filing the motion, the court will set a date for a hearing to determine whether to set aside the
judgment and schedule the case for trial. A judge will grant a defendants motion only upon a showing
of good cause.

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)

Failure to receive the Notice of Claim

Defect in proceedings that resulted in the default judgment
Any other reasonable excuse for not appearing at hearing

Failure to Receive Notice of Claim

Indiana permits a Notice of Claim to be served/delivered in a variety of ways, including leaving
the notice with a family member or leaving the notice posted on the door to defendants residence.
Notices can get misplaced, blow off and otherwise not get delivered to the intended recipient. In this
case, there is a way to get a do over.
Procedural Defect
There are a variety of ways in which a procedural defect may occur, and many of these might take
an experienced attorney to spot and raise. However, before a plaintiff can get a default judgment,
the rules require the judge to determine two things in open court that might be missing and allow an
avenue to set aside the judgment and start again. Even if a defendant fails to appear, the court must
determine on the record that plaintiff is entitled to judgment and that plaintiff is not aware of any
excuse defendant may have to avoid judgment. Some of those excuses include active duty military
service (for the time in which one is on active duty) or a legal, physical or mental disability that made it
impossible for the defendant to attend the hearing or understand the nature of the lawsuit.
Other Reasonable Excuses
Sometimes emergencies arise that prevent a defendant from appearing in court on the date set.
Examples include unplanned hospitalizations, travel for work, and illnesses. The court might require
proof of the emergency, so be prepared.
At the hearing, youll also need to provide the judge with an explanation of why you contest the
plaintiffs request for judgment and why your defense has merit. You wont have to put on your
defense at this point, but you will have to explain to the judge what your strategy or reasons are for
contesting the lawsuit. Some examples of why your defense has merit include the following:
(1)
(2)

Youve filed bankruptcy

Youve paid some of or the entire claim

(3)
(4)
(5)

Your name is not on the contract

The statute of limitations has passed/plaintiff waited too long to bring claim
Youve paid the rent on time and have a receipt/cancelled check as proof

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.

Completing and Filing the Paperwork

Instructions for Completing and Filing the Appearance Form
Individuals who are representing themselves must file an Appearance form with the court and send a
copy to the Plaintiff by first class mail. The plaintiffs address will be contained on the Notice of Claim
form, maintained in the small claims court that issued the judgment.
For the following directions, refer to the Appearance Form in the Appendix. A word version of the
Appearance form is also available for download.
(1) Caption or top portion of Appearance Form. Use the information contained on the court
documents to complete the top portion: County, Case Number, Plaintiff and Defendant name.
(2) Paragraph #1-Print or type your full legal name and check responding as you are the defendant.
(3) Paragraph #2-Print or type your full mailing address (required), email address, phone number, and
fax number.
If you are enrolled in the Attorney Generals confidentiality program, do not list your mailing address or
any other means of contact, but check the box indicating enrollment in the program. 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
(4) Paragraph #3 is completed for you. SC denotes this as a small claims case.
(5) Paragraph #4-Check yes if you will accept court communications by fax or email, as appropriate or
no if you will not accept communication in this manner. If you check no to both, all documents will
be sent to you from the court and opposing party by US Mail.
(6) Sign the Appearance form in the spot designated AND sign the Certificate of Service immediately
below the defendants signature line.

(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 ___________
)

___________ County Small Claim Court

CAUSE NO.

______________________________ )
Plaintiff )
)
vs. )
)
_____________________________ )
Defendant )

APPEARANCE BY SELF-REPRESENTED PERSON

1.

My name is _________________________________________, and I am

Initiating ____;
Responding ____; OR
Intervening ____

in this case and am representing myself.

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: ____________________________________________________

(Email, phone and fax numbers optional)

______ 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 confidential@atg.in.us (Check on address)


3.
This is an SC case type as defined in administrative Rule 8(B)(3).
4.

I will accept service by Email at the address above Yes___ No ____

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 ___________
)

___________ County Small Claim Court

CAUSE NO.

______________________________ )
Plaintiff )
)
vs. )
)
_____________________________ )
Defendant )

VERIFIED MOTION TO SET ASIDE DEFAULT JUDGMENT

Comes now the Defendant and moves the court to set aside the default judgment entered against Defendant on
_______________________ (date judgment issued).

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