How do I set aside a default judgment in Indiana?

1. Governing Rule. Ind. Trial Rule 55(C) allows setting aside an entry of default; Ind. Trial Rule 60(B) governs relief from a final judgment, including a default judgment.

2. Grounds. Rule 60(B): (1) mistake, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) entry of default or judgment by default that was entered against a defendant who was served by publication; (5) made a prima facie showing of good defense; (6) void judgment; (7) judgment satisfied, released, or vacated; (8) any reason justifying relief.

3. Deadline. Rule 60(B)(1)-(4): within one year after the judgment was entered. (5)-(8): reasonable time. Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary, but Indiana courts favor disposition on the merits where the defaulting party shows good faith and minimal prejudice (Allstate Ins. Co. v. Watson, 747 N.E.2d 545).

5. Required Showing. Verified motion + affidavit of meritorious defense alleging admissible-evidence facts (Rule 60(B) explicitly requires this for grounds (1)-(4) and (8)).

6. Filing Procedure. Motion + affidavit of meritorious defense + proposed answer; serve all parties; set for hearing.

7. Bond / Conditions. Court may condition relief on terms it considers just, including payment of costs.

8. Appeal of Denial. Order is appealable as a final judgment under Ind. App. R. 14.

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

This is legal information, not legal advice.