Motion to Set Aside Default Judgment in Alabama Small Claims Court

A default judgment in Alabama small claims court means the judge ruled against you — not because you lost on the merits, but because you didn't file your answer in time. If you've just discovered a judgment on your record, the situation is urgent but not necessarily permanent. Alabama law provides two paths to get a default judgment set aside, depending on how much time has passed.

Path 1: Rule 55(dc)(2) — Within 14 Days of Judgment

Under ARCP Rule 55(dc)(2), you can file a Motion to Set Aside Default Judgment with the District Court Clerk within 14 calendar days from the date the default judgment was entered on the court docket. This is your best and simplest option.

Your motion needs to establish two things:

1. Good cause for the default — explain why you missed the 14-day answer deadline. Circumstances such as hospitalization, lack of actual notice, or a serious family emergency may support good cause, but the judge decides whether the facts qualify.
2. A meritorious defense — a plausible defense to the plaintiff's claim. You don't need to prove you'd win, but you need to show there's a genuine factual dispute worth hearing. "I don't owe that amount because the work was never completed" is a meritorious defense. "I just don't want to pay" is not.

File the motion in writing with the District Court Clerk. Ask the clerk whether a local form is available and what filing requirements apply.

Path 2: Rule 60(b) — After 14 Days

If more than 14 calendar days have passed since the default judgment was entered, Rule 55(dc)(2) is no longer available. Your remaining option is ARCP Rule 60(b), which is a harder standard to meet. Rule 60(b) requires you to demonstrate specific legal grounds such as:

• Fraud or misrepresentation by the plaintiff
• The judgment is void (for example, the court lacked jurisdiction over you)
• Newly discovered evidence that you couldn't have found earlier
• The judgment has been satisfied or the underlying claim was released

Rule 60(b) motions are more complex and typically benefit from legal counsel. If you're in this situation, contacting Legal Services Alabama (1-888-857-8571) or a local attorney is worth considering.

Filing the Motion Does Not Stop Collection

A common and costly misunderstanding: filing a motion to set aside a default judgment does not automatically pause enforcement of that judgment. The plaintiff can still pursue collection while your motion is pending. To get a stay of execution, file a separate written motion; enforcement remains available unless the judge enters an order granting a stay.

How to Avoid Needing This Motion

The simplest defense against a default judgment is filing your answer on time. Alabama Small Claims Rule F gives you 14 calendar days from service to submit Form SM-03 to the District Court Clerk. If you're still within that window, file your answer today rather than risking a default and the uphill fight to undo it.

The Alabama Small Claims Response Guide includes a deadline calculator and step-by-step instructions for filing your answer, so you can respond correctly the first time instead of dealing with a set-aside motion later.

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