H. Setting Aside Default Judgments

• Library: Military Issues in Family Law 2017

H. Setting Aside Default Judgments

Servicemembers who have had a default judgment entered against them while they were on active duty may move to set aside the judgment and reopen the case. As with a request for a stay of proceedings, a litigant who files a motion to set aside a default judgment is not entitled to have that motion sustained simply because they were a member of the military at the time the judgment was entered; specific requirements must be met. As a starting point, the default judgment must have been obtained against the servicemember during active duty service or within 60 days...