How do I set aside a default judgment in Massachusetts?

1. Governing Rule. Mass. R. Civ. P. 55(c) governs setting aside entry of default; Mass. R. Civ. P. 60(b) governs relief from a default judgment.

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

3. Deadline. Rule 60(b): reasonable time, and within one year for grounds (1)-(3). Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary, governed by the six-factor Berube v. McKesson Wine & Spirits Co., 7 Mass. App. Ct. 426 test (good reason, meritorious defense, prompt filing, no prejudice, presence of intervening rights, public policy favoring decision on merits).

5. Required Showing. Verified motion + affidavits + proposed responsive pleading demonstrating specific defense facts.

6. Filing Procedure. Motion + supporting affidavits + proposed answer; mark for hearing; serve all parties under Mass. R. Civ. P. 5.

7. Bond / Conditions. Court may condition relief on payment of costs and attorney fees incurred.

8. Appeal of Denial. Appealable under Mass. R. App. P. 4 as a final order.

9. Collateral Attack. A judgment void for lack of jurisdiction may be challenged at any time, including in a separate action.

This is legal information, not legal advice.