Arkansas Small Claims Default Judgment: How to Avoid or Set Aside

Two Things Trigger a Default — Missing Either One Is Enough

A default judgment in Arkansas small claims court isn't just about forgetting to show up. Under Rule 55(a) and District Court Rule 8, a judge can enter a default against you in two situations:

1. You didn't file a written answer with the court clerk within 30 calendar days of being served (60 days if you are incarcerated)
2. You filed an answer but didn't appear at the scheduled hearing

Either failure gives the judge authority to accept the plaintiff's version of events as true and award the full amount claimed, plus court costs. You don't get a second chance to present your side.

Once a default judgment is entered, the plaintiff can pursue wage garnishment or bank account seizure after a 10-day waiting period. In Little Rock District Court, a defaulting defendant must also complete an Affidavit of Assets within 45 days of the judgment.

How to Prevent a Default Judgment

The fix is mechanical: do both things the court requires.

Step 1 — File your written answer within 30 days of service (60 days if you are incarcerated). Use the answer form that came with your summons, or type your own. File it with the District Court Clerk (no filing fee for answers in Arkansas) and mail a copy to the plaintiff with a Certificate of Service.

Step 2 — Appear at the hearing. Show up on the date and time printed on your summons or hearing notice. If you can't make the date, file a written motion for continuance well in advance — but until the judge signs an order granting it, the original date stands.

The service date is when you were personally handed the papers or signed the certified mail receipt, not when the plaintiff filed the lawsuit. If the 30th day lands on a weekend or holiday, the deadline extends to the next business day.

How to Set Aside a Default Judgment

If a default has already been entered, you'll need to file a Motion to Set Aside Default Judgment with the court that issued it. This falls under Arkansas Rule of Civil Procedure 55(c) and Rule 60.

Your motion must show two things:

A valid reason you missed the deadline or hearing. Under Rule 55(c), the court may set aside a default for mistake, inadvertence, surprise, or excusable neglect; fraud, misrepresentation, or misconduct by an adverse party; a void judgment (such as a total lack of service); or another reason justifying relief. "I forgot" or "I didn't think it was serious" rarely qualifies.

A real defense to the underlying claim. The court won't vacate a default just because you have a good excuse for missing it. State a prima facie meritorious defense to the plaintiff's claim, such as incomplete work, the wrong amount, or a statute-of-limitations defense.

File the motion with the District Court Clerk and serve a copy on the plaintiff. There's no fixed deadline for this motion, but the standard is "within a reasonable time." The longer you wait, the harder it gets.

Filing the Motion Doesn't Stop Collection

One critical detail: a Motion to Set Aside does not automatically freeze the plaintiff's ability to collect. If the plaintiff has already started garnishment or execution proceedings, you'll need to separately ask the judge for an Order Staying Execution. The judge may require you to post a bond.

What to Do Right Now

If you've been served and haven't responded yet, calculate whether you're still inside the 30-day window (60 days if you are incarcerated). If you are, file immediately — an answer filed on Day 29 prevents a default just as effectively as one filed on Day 3.

If the deadline has passed, gather evidence of why you missed it and start drafting your motion. The Arkansas Small Claims Response Guide includes the deadline calculation worksheet and walks through both scenarios — preventing a default and filing to set one aside.

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