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

You missed the hearing — maybe you were in the hospital, maybe you never got the papers, maybe you thought the settlement you paid was the end of it. Now there's a money judgment against you, and the plaintiff can start garnishing wages or levying bank accounts. The situation is recoverable, but it requires a formal motion and specific legal grounds.

What Happened: The Default Judgment

When a defendant doesn't appear at the scheduled hearing in Wyoming small claims court and the court confirms valid service, the judge may enter a default judgment for the amount on the plaintiff's Small Claims Affidavit (Form 1) plus allowable court costs. There's no trial, no defense considered. The judgment is entered without the defendant's side being presented.

Post-judgment interest starts accruing immediately at 10% per year under W.S. § 1-16-102(a), unless a written contract specifies a different legal rate. The plaintiff can begin enforcement — writs of execution, wage garnishment, property liens — as soon as the judgment is final.

Filing a Motion to Set Aside

To undo a default judgment, you file a Motion to Set Aside Default Judgment with the Circuit Court Clerk. The legal basis is Rule 60(b) of the Wyoming Rules of Civil Procedure, which applies to all Wyoming courts including Circuit Courts handling small claims.

Your motion should include:

• The case caption (county, Circuit Court, case number, party names)
• A clear statement that you're requesting the court set aside the default judgment entered on [date]
• The specific Rule 60(b) ground you're relying on (see below)
• A description of the facts supporting that ground
• A request that the court schedule a new hearing date
• Any supporting documentation (medical records, proof of non-service, etc.)

File it with the Circuit Court Clerk and serve a copy on the plaintiff by hand delivery or first-class mail, with a Certificate of Service attached to the court copy.

Rule 60(b) Grounds

1. Excusable Neglect

This is the most commonly used ground. You had a legitimate reason for missing the hearing: a medical emergency, a car breakdown on the way to court, a genuine mix-up about the date, or a family crisis. The key word is "excusable" — the reason must be something a reasonable person couldn't have avoided. "I forgot" or "I didn't think it was important" generally won't qualify.

Deadline: Within a reasonable time, and no later than one year after the judgment was entered.

2. Newly Discovered Evidence

You've found evidence that couldn't have been discovered before the judgment was entered and that materially changes the case. This is rare in small claims — it usually applies when the plaintiff's claim was based on incorrect facts that you can now disprove.

Deadline: Within a reasonable time, and no later than one year.

3. Fraud or Misrepresentation

The plaintiff or their process server misrepresented something that caused the default. For example, the process server filed a false Return of Service claiming they served you personally when they didn't, or the plaintiff inflated the amount on Form 1 knowing you wouldn't be there to contest it.

Deadline: Within a reasonable time, and no later than one year.

4. Void Judgment

The court lacked jurisdiction to enter the judgment. This applies when:

• Service was not properly completed, which may raise a personal-jurisdiction issue
• The claim exceeded the $6,000 small claims limit and the plaintiff did not waive the excess in writing, which may raise a subject-matter-jurisdiction issue

A venue objection, such as filing in the wrong county, is separate and does not by itself make a judgment void. A void judgment can be challenged at any time within a reasonable time — there's no one-year deadline.

5. Judgment Satisfied or Released

The judgment has already been paid, discharged, or released. If you paid the plaintiff but they didn't file a Satisfaction of Judgment, you can bring proof of payment and ask the court to set aside or satisfy the judgment.

Deadline: Within a reasonable time.

6. Other Reason Justifying Relief

Rule 60(b)(6) allows relief for another reason that justifies setting aside the judgment. The court decides whether the facts support relief.

Deadline: Within a reasonable time.

The Motion Doesn't Stop Enforcement

Filing a Motion to Set Aside does not automatically pause the plaintiff's ability to collect. While your motion is pending, the plaintiff can still pursue wage garnishment, bank levies, and property liens.

If you need to stop enforcement while the court considers your motion, file a separate Motion for Stay of Execution. The court may require you to post a supersedeas bond — money deposited with the court as a guarantee — before granting a stay.

What Happens If the Motion Is Granted

The judge vacates the default judgment and schedules a new hearing date. The case effectively resets to where it was before you missed the original hearing. You'll need to prepare your defense for the rescheduled trial — the fact that you won the motion to set aside doesn't mean you've won the case. It means you've earned the right to be heard.

If the motion is denied, the default judgment stands. A small claims appeal must be filed with the Circuit Court Clerk within 30 days after the written judgment is entered; do not assume the motion ruling starts a new appeal period.

Our Wyoming small claims response guide covers both default prevention and default recovery, with a step-by-step timeline for responding to court papers and a worksheet for documenting the grounds for a set-aside motion.

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