How do I set aside a default judgment in South Carolina?

1. Governing Rule. SCRCP 55(c) governs setting aside entry of default; SCRCP 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) judgment is void; (5) judgment satisfied or no longer equitable.

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

4. Mandatory vs Discretionary. Discretionary; the South Carolina Supreme Court in Wham v. Shearson Lehman Bros., 298 S.C. 462, applies a good-cause analysis weighing: (a) timing of the motion; (b) whether a meritorious defense exists; (c) reasons for delay; (d) prejudice to opposing party.

5. Required Showing. Verified motion + supporting affidavits + proposed answer with specific defense facts.

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

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

8. Appeal of Denial. Appealable as a final order under S.C. Code § 14-3-330.

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.