Set Aside Default Judgment in Nevada Small Claims Court

A default judgment means the court ruled against you because you didn't show up. In Nevada small claims court, that judgment is fully enforceable — wage garnishment, bank levies, property liens. But it's not necessarily permanent. If you have a legitimate reason for missing the hearing and an actual defense to the claim, you can ask the court to set it aside.

The Legal Basis: JCRCP Rule 60(b)

Motions to set aside default judgments in Nevada justice courts are governed by JCRCP Rule 60(b). You must file a formal written motion — not a phone call, not a letter to the clerk. The motion requires two things:

1. A valid ground for relief — why you missed the hearing
2. A meritorious defense — a real argument against the plaintiff's claim

Without both, the motion fails.

Recognized Grounds

JCRCP 60(b) lists several grounds the court accepts:

• Excusable neglect — you had a legitimate reason for not appearing. Medical emergencies, never actually receiving the papers, genuine confusion about the date. "I forgot" or "I didn't think it was important" usually doesn't qualify.
• Mistake or surprise — you appeared at the wrong courthouse or the hearing was rescheduled without notice.
• Void judgment — you were never properly served. If the process server left papers at a wrong address or the plaintiff served you directly (which isn't valid in Nevada), the judgment itself may be void.
• Fraud — the plaintiff made false statements to obtain the judgment.

The Filing Deadline

For mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud, the motion must be made within a reasonable time and no more than six months after the later of the proceeding or service of written notice of entry of the judgment. After that deadline, those grounds are time-barred.

The exception is a void judgment. If you were not properly served, you may seek relief beyond six months, but the motion still must be made within a reasonable time and supported by facts showing the service defect.

What to Include in Your Motion

Your motion package should contain:

• The motion itself, identifying the case number and stating the legal ground
• A sworn declaration (affidavit) explaining why you missed the hearing — specific facts, not vague claims
• A proposed answer or defense, showing the court what you would have argued if you'd been there
• A separate application for stay of execution if garnishment or levies are already underway

Filing the set-aside motion does not automatically pause enforcement. If money is being taken from your wages or bank account, you need a judge to sign a stay order.

What Happens Next

The court schedules a hearing on your motion. The plaintiff gets notice and can oppose it. The judge weighs whether your reason for missing the original hearing was truly excusable and whether your defense has enough merit to justify reopening the case.

If granted, the default judgment is vacated and the case gets a new hearing date. You're back to square one — which is exactly where you want to be if you have a legitimate defense.

If denied, the original judgment stands and enforcement continues.

Where to Get the Forms

The Civil Law Self-Help Center at the Regional Justice Center in Las Vegas provides motion templates and informational guides. Washoe County courts offer similar resources through their self-help portals. These forms are free, though the staff can't help you fill them out or advise you on strategy.

The Nevada Small Claims Response Guide includes step-by-step instructions for drafting the set-aside motion and the excusable neglect declaration.

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