How to Vacate a Default Judgment in Delaware Small Claims Court

When You Can File a Motion to Vacate

A default judgment means the court ruled against you because you didn't file an Answer or didn't show up to the hearing. It establishes liability, while the amount of damages may still need to be verified; you do not get a chance to present your side before entry.

But it's not always permanent. Delaware JP Court Civil Rule 60(b) allows you to file a Motion to Vacate Default Judgment, asking the court to set aside the ruling and reopen the case.

For debt, trespass, and replevin actions, the motion should normally be filed within the following period, depending on how you were originally served:

These are normal deadlines, not absolute bars. In limited exceptional circumstances, such as when the judgment is legally void or has been satisfied or discharged, the court may consider a later motion filed within a reasonable time. Summary possession actions have a different 10-day deadline.

The motion costs a non-refundable $15 filing fee.

What You Need to Prove

The magistrate won't vacate a default just because you ask. Under Rule 60(b), you must demonstrate three things:

Excusable neglect — You need a reason that a reasonably prudent person would find understandable. Hospitalization, a family emergency, being out of state and not receiving the papers, a genuine misunderstanding about the deadline. "I forgot" or "I didn't think it was important" probably won't be enough.

A meritorious defense — You need to show that you have a real argument against the claim. If the plaintiff says you owe $8,000 for a remodeling job and you have photos showing the work was never completed, that's a meritorious defense. The court doesn't need you to prove your case at this stage — just that you have something worth hearing.

No substantial prejudice to the plaintiff — Reopening the case shouldn't cause unfair harm to the other side. If the default judgment was entered last week, prejudice is minimal. If you're filing months later and the plaintiff has already started collecting, it's a harder argument.

How to File the Motion

Use Civil Form 11 (Request for Motion Hearing) to file the motion. Explain why you failed to answer or otherwise why the court should vacate the default judgment.

Your motion should include:

1. The case caption (court name, case number, party names) — copy it exactly from your original summons.
2. A clear statement that you're requesting the court vacate the default judgment under JP Court Civil Rule 60(b).
3. Your explanation of excusable neglect — what prevented you from responding on time.
4. A summary of your defense — what you would argue at trial if the case reopens.
5. Your signature and the date.

File the motion at the same JP Court that entered the default judgment, along with the $15 fee. Serve a copy on the plaintiff or their attorney.

What Happens Next

Filing the motion does not automatically stop enforcement of the judgment. If the plaintiff has already started wage garnishment or property levies, those continue unless the magistrate separately issues a stay order.

The court will schedule a hearing on your motion. At that hearing, you'll explain why the default should be set aside. The plaintiff gets to argue why it shouldn't. The magistrate decides.

If the motion is granted, the default judgment is vacated, your case is reopened, and a new trial date is set. You get your day in court.

If the motion is denied, the default judgment stands. The 15-day period to appeal the original judgment continues to run while the motion is pending. A denial of the motion can itself be appealed within 15 days, but that appeal reviews the denial; it does not reopen review of the original judgment if its appeal period has expired. The original judgment appeal is a fresh trial (de novo review) and has a $135 filing fee plus service costs.

Don't Let It Get to This Point

The best defense against a default judgment is filing your Answer on time. You have 15 calendar days from the date you receive the papers. Filing Civil Form 07 (CF07) is free and preserves your right to a trial.

Our Delaware Small Claims Response Guide includes deadline tracking worksheets and step-by-step instructions for both the Answer and — if you do miss the window — the Motion to Vacate.

See more Delaware guides →