$0 Connecticut Small Claims Response Checklist

Motion to Open Judgment in Connecticut: The Four-Month Window Explained

What a Motion to Open Does

A Motion to Open Judgment asks the court to vacate — essentially erase — a judgment that was entered against you. In Connecticut small claims, this is most commonly used after a default judgment: you missed the Answer Date or did not appear at a hearing, the court entered judgment, and now you want a chance to present your side.

The motion is filed on Form JD-CV-51 and governed by CGS § 52-212 and Practice Book § 24-31.

This is not an appeal. Connecticut small claims decisions cannot be appealed under CGS § 51-197a. A Motion to Open is the primary procedural route for seeking relief from a judgment after it has been entered.

The Four-Month Deadline

You have four calendar months from the date the judgment notice was issued. Not four months from when you received the notice, or from when you learned about the judgment, or from when a wage garnishment appeared on your paycheck. Use the notice-issued date shown in the court record.

This window is strict. Courts do not grant extensions. If you discover the judgment on month three, you have one month to prepare and file. If you discover it on month five, the window is closed.

The Two Things You Must Prove

The motion requires a sworn affidavit — a statement signed under oath — that establishes both of these elements:

Reasonable cause for the default. The court needs to understand why you did not respond on time. Acceptable reasons include:

  • You never received actual notice of the lawsuit (the papers were served at the wrong address, or the Notice of Suit from the court did not reach you)
  • A genuine mistake or accident prevented you from filing (serious illness, hospitalization, family emergency during the filing window)
  • A specific mistake or accident prevented you from filing. Settlement talks alone do not extend the Answer Date.

"I forgot," "I did not think it was serious," or "I was too busy" will not satisfy this standard. The court draws a line between unavoidable circumstances and ordinary neglect.

A good defense on the merits. Even if you had a perfect reason for missing the deadline, the court will not reopen the case unless you can show the outcome might change. Your affidavit needs to describe what your defense would be — the facts that support your side, the evidence you have, why the plaintiff's claim is wrong or overstated.

Both elements are required. A strong defense alone, without reasonable cause for the default, is not enough. Neither is a sympathetic excuse without any defense to present.

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Filing the Motion Step by Step

  1. Obtain Form JD-CV-51 from the Connecticut Judicial Branch website or a Court Service Center
  2. Complete the motion identifying the case number, judgment date, and the reason you are asking the court to reopen
  3. Write your affidavit — a separate sworn statement covering reasonable cause and your defense, signed under oath
  4. File with the Centralized Small Claims Office in Hartford by mail, in person, or through E-Services if you have an account
  5. Serve a copy on the plaintiff or their attorney at the same time you file with the court

There is a filing fee for the motion. If you cannot afford it, file a fee waiver application (Form JD-CV-120) alongside the motion.

What Filing the Motion Does Not Do

Submitting the motion does not automatically stop collection. If the plaintiff has already sent a wage execution to your employer or obtained a bank levy, those enforcement actions continue while the court considers your motion. You may need to request a formal stay of execution separately.

After the Court Rules

If the motion is granted, the default judgment is vacated and the court schedules a hearing on the merits. You will need to prepare evidence and appear just as you would have if you had answered on time.

If the motion is denied, the judgment stands. There is no further appeal in small claims. The four-month window was your last procedural opportunity.

The Connecticut Small Claims Response Guide walks through the Motion to Open process with an affidavit template and a checklist for meeting the court's reasonable-cause standard.

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