How to Set Aside a Default Judgment in North Dakota Small Claims Court

A default judgment in North Dakota small claims court means the plaintiff won without a contested hearing because you did not file Form 3 within the 20-day deadline or did not appear at a scheduled hearing. Under N.D.R.Civ.P. 62(a), execution and proceedings to enforce a default judgment are generally stayed for 30 days after entry, unless the court orders otherwise. After that stay, the plaintiff can pursue collection. But the judgment is not necessarily permanent.

Why You Cannot Appeal

Small claims decisions in North Dakota are final under N.D.C.C. § 27-08.1-04. There is no appeal from the small claims decision to the Supreme Court or another court. This applies to both contested judgments after a hearing and default judgments entered without one.

That said, a default judgment can still be challenged through a different procedure: a motion for relief under Rule 60(b) of the North Dakota Rules of Civil Procedure.

Rule 60(b) Grounds for Relief

N.D.R.Civ.P. 60(b) allows the District Court to vacate a judgment under specific circumstances:

Excusable neglect — You had a legitimate reason for missing the deadline. Examples include a serious medical emergency, being out of state and not receiving the papers, or a genuine misunderstanding about which form to file. Forgetting or being too busy generally does not qualify.

Defective service — The plaintiff did not serve you properly. North Dakota requires either restricted certified mail with return receipt or personal service by the sheriff or a non-party adult over 18. If neither method was followed, the court may have lacked authority to enter the judgment.

Fraud or misrepresentation — The plaintiff lied about facts in the Claim Affidavit or misrepresented service.

Newly discovered evidence — Evidence that could not have been found in time with reasonable diligence.

For excusable neglect, newly discovered evidence, or fraud, file within a reasonable time and no more than one year after notice of entry or entry of a default judgment. For void judgments (such as lack of jurisdiction), file within a reasonable time.

What You Need to Show

A successful 60(b) motion requires two things: a valid ground for relief and a meritorious defense. The court wants to know not just why you missed the deadline, but also that you have a real dispute worth hearing. If you owe the full amount claimed and have no defense, the court is unlikely to vacate the judgment just to reach the same result after a hearing.

Filing the Motion

File your Rule 60(b) motion in the District Court that entered the default judgment. The motion should include:

1. A written statement explaining the specific 60(b) ground you are relying on
2. A declaration or affidavit with supporting facts (dates, what happened, why you did not respond)
3. A summary of your defense to the underlying claim
4. A proposed order for the court to sign if the motion is granted

Serve a copy of the motion on the plaintiff. The court may schedule a hearing on the motion, or it may rule on the papers alone.

Stopping Enforcement While the Motion Is Pending

After the 30-day automatic stay expires, filing a 60(b) motion does not automatically stop the plaintiff from collecting on the judgment. If garnishment or a bank levy is underway, you need to file a separate motion asking the court to stay execution until the 60(b) motion is decided.

What Happens If the Motion Is Granted

If the court vacates the default judgment, the case is reopened and a hearing is scheduled. You get the chance to present your defense that you missed the first time. A Rule 60(b) motion asks the District Court to reopen the case; it is not a direct appeal from the small claims judgment.

The North Dakota small claims response guide covers the full default judgment process — from prevention through the 60(b) relief path — with a deadline tracker worksheet to help avoid the situation in the first place.

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