How to Set Aside a Default Judgment in Alaska Small Claims Court

When You've Already Missed the Deadline

Failing to file an answer by the applicable deadline — 20 calendar days for in-state service in Alaska or 40 calendar days if served outside the United States — or failing to appear at the hearing may lead the plaintiff to request a default judgment. If served elsewhere in the United States, check the deadline on your Summons. If the court enters a default judgment, it awards the plaintiff the amount sought, plus court costs and interest, without hearing your defense. Under District Court Rule 22(a), no execution or garnishment writ may issue for two business days after entry. After that, the plaintiff can pursue enforcement, including wage garnishment, bank levies, or seizure of your Permanent Fund Dividend.

A default judgment isn't necessarily the end. Alaska law allows you to ask the court to set it aside, but you'll need to move quickly and meet specific legal requirements.

Form SC-24: The Motion to Set Aside

The official form is Form SC-24, titled "Request/Order to Set Aside Default Judgment." You can download it from the Alaska Court System's forms page or get a copy from the clerk's office.

Under Alaska Civil Rule 60(b), which applies to small claims through the District Court rules, you must prove two things:

1. Excusable neglect or another valid reason for missing the deadline. The court needs to understand why you didn't respond on time. Valid reasons include:

• You were not properly served
• A severe illness prevented you from filing
• A documented emergency prevented you from filing

Whether a particular reason qualifies depends on the circumstances and the court's ruling.

2. A meritorious defense. You can't just say "I want another chance." You must present specific facts showing that if the case went to a hearing, you'd have a legitimate defense that could change the outcome. For example: the contract says something different from what the plaintiff claims, you already paid part of the debt, or the plaintiff's evidence is inaccurate.

The Timeline

Civil Rule 60(b) requires that motions based on mistake, inadvertence, or excusable neglect be filed within a "reasonable time" and no more than one year after notice of entry of the default judgment. In practice, the sooner you file, the more favorably the court views your request. Waiting six months when you found out two weeks ago will work against you.

Filing Doesn't Stop Enforcement

This is the part that catches people off guard: filing Form SC-24 does not automatically freeze the plaintiff's ability to collect. Bank levies, wage garnishments, and PFD seizures can continue while your motion is pending.

To stop enforcement while the court considers your request, you need to file a separate motion asking for a stay of execution. The judge must sign an order granting the stay before enforcement pauses. Include this request alongside your Form SC-24 filing and explain why you are requesting a pause.

What to Include in Your Filing

Your Form SC-24 should be accompanied by:

• A written explanation of why you missed the deadline (the excusable neglect argument)
• A description of your defense — what you would have argued at the hearing
• Supporting evidence: documents, photographs, receipts, contracts, or other proof backing up your defense
• If applicable, a separate request for a stay of execution

File everything with the court and serve a copy on the plaintiff by mail, hand delivery, or TrueFiling e-service.

What Happens Next

The court reviews your motion. The judge may hold a hearing where both sides argue whether the default should be set aside. If the judge grants your request, the default judgment is vacated and the case goes back on the calendar for a regular hearing where you'll present your defense.

If the judge denies your motion, the default judgment stands and enforcement continues. You can appeal a denial to the Superior Court within 30 days after notice of entry of judgment if you believe the ruling was wrong.

Prevention Is Simpler Than the Cure

Setting aside a default is harder, slower, and less certain than filing your answer on time. If you have been served and the applicable response period is still open, file Form SC-3 promptly if you are proceeding under small claims rules. The Responding to a Small Claims Case in Alaska guide walks through the full response process, including deadline calculation, form completion, and what to do if the clock has already run.

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