How do I set aside a default judgment in Pennsylvania?

1. Governing Rule. Pa. R. Civ. P. 237.3 governs petitions to open default judgments and judgments of non pros. Rule 237.1 sets the ten-day notice prerequisite for entering default. Striking is governed by common law and Rule 1037.

2. Grounds. Open: (a) reasonable excuse for the default, (b) meritorious defense, (c) prompt filing. Strike: a defect appearing on the face of the record (e.g., missing 10-day notice, premature praecipe, defective service).

3. Deadline. Rule 237.3(b) provides that if a petition is filed within 10 days after entry of the default judgment and a verified meritorious defense is attached, the court must open the judgment. Petitions filed later are evaluated under the three-prong equitable test with no fixed outer limit, but unreasonable delay is fatal.

4. Mandatory vs Discretionary. Mandatory if filed within 10 days under Rule 237.3 with a verified answer stating a meritorious defense; otherwise discretionary.

5. Required Showing. Verified petition with the proposed answer attached, factual averments showing reasonable excuse, and explanation of any delay.

6. Filing Procedure. Petition to open or strike + verification + proposed answer + rule to show cause; serve plaintiff's counsel.

7. Bond / Conditions. Court may condition opening on payment of costs already incurred.

8. Appeal of Denial. Orders refusing to open or strike a default judgment are appealable as of right under Pa. R.A.P. 311(a)(1).

9. Collateral Attack. A judgment void for lack of jurisdiction or fatal defects on the record may be stricken at any time, including by collateral attack.

This is legal information, not legal advice.