Section 20.86 Motion to Set Aside Default Judgment

• Library: Family Law Deskbook and 2014 Supp

B. (§20.86) Motion to Set Aside Default Judgment

In accordance with Rule 74.05(d), entries of default judgment may be set aside “[u]pon [a] motion stating facts constituting a meritorious defense and for good cause shown.” The motion must be made within a “reasonable time” not exceeding one year after the entry of default judgment. Id.

There are no stated standards for the timeliness of a motion to set aside a default judgment. But if the motion is made within 30 days of the entry of default, it generally will be held timely under Rule 74.05. See:

Clark v. Brown, 814 S.W.2d 634, 638 (Mo. App. S.D. 1991) (36-day delay acceptable)

Bell v. Bell, 849 S.W.2d 194, 198 (Mo. App. W.D. 1993) (15-day delay acceptable)

Hopkins v. Mills-Kluttz, 77 S.W.3d 624 (Mo. App. E.D. 2002) (362 days were permissible in the circumstances of the case)

It is clear from the Missouri cases discussing the time frame within which to move to set aside a default judgment that the prudent attorney will so move almost immediately upon learning that the default judgment has been entered. One year is not a “safe-harbor” period, and counsel who waits one year to file the motion to set aside the default judgment risks a finding of untimeliness.

For additional discussion on the timeliness of a motion to set aside a default judgment, see Keltner v. Lawson, 931 S.W.2d 477 (Mo. App. S.D. 1996) (a defendant driver’s 30-day delay in filing a motion to set aside a default judgment in an automobile accident negligence action was reasonable because there was no indication that anything occurred during that period of time that adversely affected the plaintiff’s ability to pursue his cause of action on...