How to Set Aside a Default Judgment in Tennessee General Sessions Court

A default judgment was entered against you in Tennessee General Sessions Court, and now you're staring at the real possibility of wage garnishments or a bank levy. The good news: Tennessee law gives you a path to reopen your case. The bad news: you have exactly 10 calendar days to use it.

The Legal Basis: TCA § 16-15-727 and Rule 60.02

Tennessee General Sessions Courts handle motions to set aside default judgments under TCA § 16-15-727, which incorporates the grounds from Rule 60.02 of the Tennessee Rules of Civil Procedure. Even though the full Rules of Civil Procedure don't normally apply to General Sessions Court, the legislature carved out this specific exception for default relief.

The qualifying grounds include:

• Excusable neglect — you had a legitimate reason for missing court (medical emergency, car breakdown, never received proper notice)
• Mistake or inadvertence — you genuinely misunderstood the court date or confused it with another obligation
• Fraud or misrepresentation — the plaintiff or their attorney misled you about the court date or settlement terms
• Void judgment — the court lacked jurisdiction, typically because you were never properly served (service must occur at least 5 days before the hearing under TCA § 16-15-902)

"I forgot" or "I didn't think it was important" generally won't qualify as excusable neglect. Courts look for circumstances beyond your control or a genuine misunderstanding — not simple inattention.

The 10-Day Deadline

You must file your Motion to Set Aside within 10 calendar days of the date the judge signed and entered the default judgment. This is the same window as the appeal deadline under TCA § 27-5-108, and it counts calendar days — weekends and holidays are included. If the 10th day falls on a Saturday, Sunday, or court holiday, you get until the close of business on the next business day.

Here's the critical procedural benefit: filing a Rule 60.02 motion within this 10-day window pauses (tolls) the appeal clock. That means if the General Sessions judge denies your motion, a fresh 10-day appeal period starts from the date of that ruling. You don't lose your appeal rights by trying the motion first.

How to File the Motion

Most counties don't have a pre-printed form for this motion, so you'll need to draft one yourself or have an attorney prepare it. The motion should include:

1. The case caption — your name, the plaintiff's name, the case/docket number
2. The statutory basis — cite TCA § 16-15-727 and the specific Rule 60.02 ground you're relying on
3. A sworn affidavit — a detailed factual statement, under oath, explaining why you missed court and why the court should reopen the case
4. A request for a hearing date — the clerk will schedule a hearing on your motion

File the motion with the General Sessions Court Clerk and serve a copy on the plaintiff (or their attorney). The clerk will set a hearing date where the judge decides whether to grant or deny the motion.

What Happens at the Hearing

At the hearing, you'll need to present your case for why the default should be set aside. Bring any evidence that supports your grounds — medical records if you were hospitalized, documentation of improper service, proof that you were out of state, or anything else that corroborates your affidavit.

If the judge grants the motion, the default judgment is vacated and the case goes back on the trial docket. You'll get a new hearing date where both sides present evidence on the merits.

If the judge denies the motion, you still have 10 days from the denial to appeal to Circuit Court for a de novo trial.

The Alternative: Direct Appeal

Instead of (or in addition to) a motion to set aside, you can file a direct appeal to Circuit Court under TCA § 27-5-108 within the same 10-day window. The appeal gives you a brand-new trial — the Circuit Court hears everything from scratch as if the General Sessions case never happened.

To perfect the appeal, file a Notice of Appeal with the General Sessions Court Clerk and post an appeal bond. If you can't afford the bond, file an Affidavit of Indigency instead.

The choice between a motion to set aside and a direct appeal depends on your situation. The motion keeps you in General Sessions (faster, less formal). The appeal moves you to Circuit Court (full civil procedure rules apply, potentially more favorable for complex cases). Filing the motion first preserves your appeal rights if the motion fails.

Don't Wait

The 10-day deadline is absolute. Once it passes, the judgment is final and enforceable — the plaintiff can begin wage garnishments and bank levies. If you're reading this and your clock is ticking, get your motion filed immediately.

The Tennessee Small Claims Response Guide includes the full process for both motions to set aside and Circuit Court appeals, along with the post-decision timeline tracker so you don't miss a single deadline.

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