How do I set aside a default judgment in Alabama?

1. Governing Rule. Ala. R. Civ. P. 55(c) governs setting aside default within 30 days; Ala. R. Civ. P. 60(b) governs relief from a default judgment after 30 days.

2. Grounds. Rule 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or other misconduct; (4) judgment is void; (5) judgment satisfied or no longer equitable; (6) any other reason justifying relief.

3. Deadline. Rule 55(c): 30 days from entry. Rule 60(b): reasonable time, and within four months for grounds (1)-(3). Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary, but the Alabama Supreme Court in Kirtland v. Fort Morgan Auth. Sewer Serv., 524 So. 2d 600, established a presumption in favor of the defendant: (a) meritorious defense, (b) no substantial prejudice to the plaintiff, (c) default not the result of defendant's culpable conduct.

5. Required Showing. Verified motion + supporting affidavits + proposed answer establishing specific defense facts and explanation for default.

6. Filing Procedure. Motion + affidavits + proposed answer; serve all parties; set for hearing.

7. Bond / Conditions. Court may condition vacatur on payment of costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final order under Ala. Code § 12-22-2.

9. Collateral Attack. A judgment void for lack of jurisdiction may be challenged at any time.

This is legal information, not legal advice.