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

Finding out a default judgment has been entered against you — sometimes weeks after the fact, when a garnishment notice appears — is the worst way to learn you lost a small claims case. But Idaho law does provide a procedure to reopen the case, if you can meet the legal standard.

The Motion to Set Aside (Form CAO SC 8-1)

To vacate a default judgment, you file a Motion to Set Aside Default Judgment using Form CAO SC 8-1, available at courtselfhelp.idaho.gov. You'll also need the accompanying proposed Order on Motion to Set Aside Default. Both documents get filed with the same Magistrate Court that entered the judgment.

The legal authority comes from Idaho Rule of Civil Procedure 60(b), incorporated into small claims procedure through I.R.S.C.A. Rule 4(b).

What You Need to Prove

The motion requires two showings, and both are mandatory:

1. A valid reason you didn't respond. Idaho Rule of Civil Procedure 60(b) recognizes grounds such as "mistake, inadvertence, surprise, or excusable neglect." Lack of personal service is a separate basis for relief. Explain the circumstances that caused the omission; the court evaluates whether they justify reopening the case rather than reflect deliberate indifference.

2. A meritorious defense. You must attach a completed, signed Answer form (CAO SC 3-1) to your motion. This Answer must show that you have a real factual or legal dispute with the plaintiff's claim. The court won't reopen the case just to let you confirm you owe the money — there has to be something worth litigating.

The Six-Month Deadline

A Rule 60(b) motion based on excusable neglect must be filed within a reasonable time and in no event more than six months from the date the default judgment was entered. "Reasonable time" means the court can deny your motion even within six months if you waited without good reason after learning about the judgment.

Filing Does Not Stop Collection

This is the critical detail most defendants miss: filing the motion does not automatically stay enforcement. The plaintiff can continue garnishing your wages or levying your bank account while your motion sits in the queue. To pause collection, you need to file a separate motion and obtain a judicial Order for Stay of Execution. The court has discretion on whether to grant the stay, and there's no guarantee.

What Happens If the Motion Is Granted

If the magistrate judge grants your motion, the default judgment is set aside and the case can proceed again. The completed, signed Answer you attached identifies your defense; follow the court's order for the next step. In small claims, parties generally represent themselves at trial, subject to the statutory exception for collection agencies appearing as plaintiffs.

If the motion is denied, the default judgment stands and remains enforceable. Ask an Idaho lawyer promptly whether any other review or relief is available.

The Better Path: Don't Default

Filing an Answer within the 21-day window is free — no filing fee for defendants — and it takes far less effort than trying to undo a default judgment after the fact. If you've been served recently and the deadline hasn't passed, focus on getting your Answer filed first.

For a complete walkthrough of both scenarios — filing your Answer on time or recovering from a missed deadline — the Idaho small claims response guide covers deadline calculation, the Answer process, and motion-to-set-aside preparation with supporting worksheets.

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