How do I set aside a default judgment in Tennessee?

1. Governing Rule. Tenn. R. Civ. P. 55.02 governs setting aside entry of default; Tenn. R. Civ. P. 60.02 governs relief from a default judgment.

2. Grounds. Rule 60.02: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud, misrepresentation, or other misconduct; (3) judgment is void; (4) judgment satisfied, released, or no longer equitable; (5) any other reason justifying relief.

3. Deadline. Rule 60.02(1)-(2): reasonable time, and within one year. (3)-(5): reasonable time. Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary; controlled by Henry v. Goins, 104 S.W.3d 475: (a) whether the default was willful; (b) whether the defendant has a meritorious defense; (c) the amount of prejudice the non-defaulting party will suffer.

5. Required Showing. Verified motion + affidavit establishing non-willful conduct, specific defense facts, and minimal prejudice; proposed answer.

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

7. Bond / Conditions. Court may condition relief on payment of costs and attorney fees attributable to the default.

8. Appeal of Denial. Appealable as a final judgment under Tenn. R. App. P. 3.

9. Collateral Attack. A judgment void for want of personal jurisdiction may be attacked at any time.

This is legal information, not legal advice.