---
title: "Respond to a motion to set aside a federal default"
url: "https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/respond-to-an-application-to-set-aside-a-default-judgment/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A46-D20261018-4-US"
practice_area: "Debt Recovery & Civil Enforcement"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Respond to a motion to set aside a federal default

> List the date the default was entered, the date of any judgment, and the ground the moving paper states, matched only to a ground that appears in Rule 60(b). Do not write the opposition.

Canonical page: https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/respond-to-an-application-to-set-aside-a-default-judgment/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Debt Recovery & Civil Enforcement](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the date the default was entered, the date of any judgment, and the ground the moving paper states, matched only to a ground that appears in Rule 60(b). Do not write the opposition. |
| What the lawyer must review | You write the opposition. Rule 55(c) allows the court to set aside an entry of default for good cause, and to set aside a final default judgment under Rule 60(b). Rule 60(b) lists mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud, misrepresentation, or misconduct by an opposing party; a void judgment; a judgment that has been satisfied, released, or discharged, or that rests on an earlier judgment that has been reversed or vacated, or that should no longer have prospective application; and any other reason that justifies relief. A motion under Rule 60(b) must be made within a reasonable time, and for the first three grounds no more than a year after the entry of the judgment or order or the date of the proceeding. The motion does not suspend the judgment. Rule 60(d) leaves an independent action and fraud on the court outside that limit. You decide which ground is actually raised. |
| Written for | United States |
| Applies to | [Respond to an application to set aside a default judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/respond-to-an-application-to-set-aside-a-default-judgment.md) |

## Checking plan

- What the AI does: List the date the default was entered, the date of any judgment, and the ground the moving paper states, matched only to a ground that appears in Rule 60(b). Do not write the opposition.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The one-year limit applies to Rule 60(b)(1), (2), and (3). It is not the limit for every ground.
- Rule 55(d) still requires evidence that satisfies the court before a default judgment against the United States.

## Sources

- [Federal Rule of Civil Procedure 55](https://www.law.cornell.edu/rules/frcp/rule_55) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 60](https://www.law.cornell.edu/rules/frcp/rule_60) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Application to set aside or amend a default decision (QCAT Form 55)](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-qld-qcat-55-set-aside-default.md) | Form | Yellow | Link to QCAT Form 55, used to apply to the tribunal to set aside or amend a decision by default. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*