Mississippi Small Claims Set Aside Default Judgment: How to Reopen Your Case

A default judgment in Mississippi Justice Court means the judge ruled against you because you did not show up on the hearing date. It does not mean the court examined the evidence and decided the plaintiff was right. If you had a legitimate reason for missing that court date, you may be able to reopen your case by filing a Motion to Set Aside Default Judgment under RJC Rule 23(e).

What a Default Judgment Actually Is

When a defendant who was properly served fails to appear at the scheduled hearing, the Justice Court judge may enter a default judgment under RJC Rule 23(a) if the plaintiff appears and establishes a factual basis for the claim. You lose the chance to dispute it, present your own evidence, or raise a counterclaim.

The judgment is immediately enforceable unless the court orders a stay. The plaintiff can pursue wage garnishment under Mississippi Code § 11-35-1 and bank levies. Post-judgment interest follows the contract or the rate and date set by the judge under Miss. Code Ann. § 75-17-7.

The Three-Part Test Under RJC Rule 23(e)

Mississippi Justice Courts evaluate set-aside motions using a three-factor test. The judge weighs all three, so address each in your written motion.

Nature and legitimacy of the reason for not appearing. The court considers this reason together with the merits of the defense and any prejudice to the other party. Explain what happened and provide supporting records when available; no example guarantees that the judge will set aside the judgment.

Reasonable merit of the defense. You need to show that if the case were tried on the merits, you have an actual defense. This means identifying specific facts that contradict the plaintiff's claim — receipts showing you already paid, photos proving the work was completed, a written agreement with different terms than what the plaintiff alleges.

Extent of prejudice to the plaintiff. The court considers whether reopening the case would cause unfair harm to the other side. Filing promptly can help address this factor. If months have passed and the plaintiff has already spent money trying to collect, the court may weigh that against you.

This three-part framework traces back to the Mississippi Court of Appeals decision in BB Buggies v. Leon, which established the analysis Justice Courts follow when deciding whether to vacate a default.

How to File the Motion

Ask the Justice Court Clerk whether a local set-aside form is available. If not, submit a written motion that includes:

• The case number, county, and district from your original summons
• A clear heading: "Motion to Set Aside Default Judgment"
• A factual explanation covering each of the three RJC Rule 23(e) factors
• Any supporting documents (doctor's note, return receipt showing late service, your defense evidence)
• A certificate of service confirming you sent a copy to the plaintiff

File the motion with the Justice Court Clerk in the county where the default was entered. Rule 23(e) requires a hearing with notice and an opportunity for both parties to be heard; confirm the hearing schedule with the clerk.

Critical Deadlines

Filing a set-aside motion does not stop the clock on your appeal rights. The 10-day window to perfect an appeal under RJC Rule 27 runs from entry of the default judgment, regardless of whether you have a pending set-aside motion. A Rule 23(e) motion must be filed before an appeal is perfected.

If you are approaching that 10-day deadline, get legal help immediately about preserving your appeal rights. Do not assume that filing the motion extends the deadline. The appeal bond — typically double the judgment amount plus estimated costs — may also apply.

What Happens If the Motion Is Granted

The court vacates the default judgment and schedules a new hearing where both sides present their case. You get to show your evidence, cross-examine the plaintiff, and raise any counterclaim under RJC Rule 16. The case proceeds as if the default never happened.

If the motion is denied, your remaining option is the trial de novo appeal to County Court or Circuit Court, provided you filed your Notice of Appeal within the 10-day window.

When to Get Help

If the judgment amount is close to the $3,500 Justice Court limit or involves complicated facts, free legal aid may be available. The Mississippi Center for Legal Services (1-800-498-1804) and North Mississippi Rural Legal Services serve low-income residents across the state. The Mississippi Free Legal Answers portal at ms.freelegalanswers.org connects qualifying individuals with volunteer attorneys for civil legal questions.

For a complete walkthrough of every stage from service of process through post-decision remedies, including motion templates and evidence organization tools, the Responding to a Small Claims Case in Mississippi guide covers the full procedure.

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