Mississippi Small Claims Default Judgment: What Happens If You Don't Show Up

How a Default Judgment Happens

In Mississippi Justice Court, a default judgment is entered when a properly served defendant doesn't appear at the hearing. It's that straightforward. Under RJC Rule 23(a), if the plaintiff shows up and you don't, the judge can rule in the plaintiff's favor for the full claimed amount plus statutory court costs.

This is different from Circuit Court procedure, where defaults follow a two-step process under MRCP Rule 55 (clerk's entry of default, then a separate default judgment). In Justice Court, the judge enters the default judgment directly at the hearing when the defendant is absent.

The key trigger is nonappearance, not failure to file paperwork. Mississippi Justice Court doesn't require you to file a written answer before trial. You contest the claim by showing up. If you miss the hearing date on your summons, the plaintiff can seek a default judgment by presenting sworn testimony or documents to support the claim, rather than through a contested hearing.

What a Default Judgment Means for You

Once a default judgment is entered, the plaintiff becomes a judgment creditor. They can:

• Enroll the judgment in Circuit Court, creating a lien against your real property
• Pursue wage garnishment under Mississippi Code § 11-35-1
• Seek bank account garnishment
• Report the judgment to credit agencies

Post-judgment interest accrues at 8% per year under Miss. Code § 75-17-7 unless the judge sets a lower rate. On a $3,500 judgment, that's $280 per year in interest alone.

How to Get a Default Judgment Set Aside

Mississippi law provides a path to reopen a defaulted case. Under RJC Rule 23(e), you file a Motion to Set Aside Default Judgment with the Justice Court Clerk. The judge evaluates three factors:

Nature and legitimacy of the reason for nonappearance. You need good cause — defective service, a documented medical emergency, or some other legitimate reason you couldn't make it. The judge weighs the reason alongside the merits of your defense and any prejudice to the other party.

Reasonable merit of your defense. You must show the judge you have an actual, colorable defense to the plaintiff's claim. If the money is clearly owed and you have no counter-arguments, the court has little reason to reopen the case.

Extent of prejudice to the other party. The judge considers whether setting aside the default would unfairly delay or harm the plaintiff's interests.

This is sometimes called the "BB Buggies test" after Mississippi case law that established the framework. All three factors get weighed — it's a balancing test, not a checklist where you need to win all three.

Filing the Motion Doesn't Stop the Clock

A critical point: filing a Motion to Set Aside does not automatically pause judgment execution. The plaintiff can still pursue garnishment and collection while your motion is pending. It also does not extend the 10-day appeal deadline under RJC Rule 27.

If you want to prevent collection activity while your motion is pending, you need a specific court order staying execution or you need to post a supersedeas bond.

The 10-Day Appeal Alternative

Instead of (or in addition to) a motion to set aside, you can file a Notice of Appeal within 10 calendar days of judgment entry. This takes the case to County or Circuit Court for a trial de novo — a completely fresh trial. You'll need to post an appeal bond, typically double the judgment plus estimated costs.

These 10 days are jurisdictional and strictly enforced. Day one is the day after judgment entry. If the tenth day falls on a weekend or state holiday, you get until the next business day.

If you're dealing with a default judgment or trying to avoid one, the Mississippi Small Claims Response Guide walks through the entire process including motion templates and appeal timelines.

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