Vermont Small Claims Default Judgment: What Defendants Need to Know

If you do not file an Answer by the applicable deadline in a Vermont small claims case, the plaintiff can ask the court to enter a default judgment against you. If the complaint was first served by mail and you do not answer within 30 days of mailing, the plaintiff must then arrange personal service through a county sheriff, deputy sheriff, constable, or court-appointed process server. That personal service starts a new 30-day Answer period.

How Default Happens

Default is not automatic. After the applicable 30-day Answer period closes without a filed Answer, the plaintiff may request a default by filing a Motion for Default Judgment and Declaration (Form 100-00262) within 60 days of the date the Answer was due. They must mail you a copy of the motion and file a Certificate of Service (Form 100-00260) proving they did.

A judgment becomes enforceable 30 days after entry if no appeal is filed and no stay is granted. The plaintiff can then pursue wage garnishment, bank levies, and property liens through post-judgment enforcement tools.

Before any enforcement action begins, V.R.S.C.P. Rule 3(f) requires the plaintiff to formally serve you with a copy of the entered default judgment and file proof of that service with the court.

Your Options After a Default Judgment

You have two paths, depending on how quickly you act.

Motion to Re-Open (within 90 days). Under V.R.S.C.P. Rule 3(g), you can file a written motion to re-open the default judgment within 90 days of the judgment entry date — or before the first financial disclosure hearing, whichever comes first. The motion costs $65 and requires showing "good cause." Acceptable grounds include never actually receiving the papers, a medical emergency that prevented timely filing, or other circumstances beyond your control.

V.R.C.P. Rule 60(b) Motion (after 90 days). If the 90-day window has closed, you can seek relief under the general civil rules. Rule 60(b) allows motions based on mistake, excusable neglect, newly discovered evidence, or fraud. The motion must be filed within a reasonable time; motions based on excusable neglect or fraud have a one-year outer limit.

Neither motion automatically freezes enforcement. If the plaintiff is already pursuing garnishment or levies, you need to file a separate Motion for Stay of Execution at the same time, asking the court to pause collection activity until your motion is decided.

What "Good Cause" Looks Like

Examples identified in Vermont's small claims guidance include lack of actual service notice, a severe medical emergency, and excusable inadvertence. The court decides whether the circumstances shown amount to good cause.

How to Avoid Default in the First Place

File something. Even a bare-minimum Answer — checking "I disagree" with a one-sentence explanation — protects your right to a hearing. You can refine your position later. The goal is to get a response on file before Day 30 expires.

If the deadline is approaching and you cannot finish a complete Answer, file a Motion for Continuance (Form 600-00418) requesting extra time. File it before the deadline, not after.

For a complete guide to the response process — including a deadline verification worksheet and step-by-step instructions for every scenario — the Responding to a Small Claims Case in Vermont guide covers defaults, motions to re-open, and how to avoid getting there.

See more Vermont guides →