How do I set aside a default judgment in Wisconsin?

1. Governing Rule. Wis. Stat. § 806.07 governs relief from a final judgment; § 806.02(5) governs setting aside default judgments specifically; § 806.02(1) requires notice of motion for default.

2. Grounds. § 806.07(1): (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence; (c) fraud; (d) judgment is void; (e) satisfaction or release; (f) prior judgment has been reversed; (g) it is no longer equitable that the judgment have prospective application; (h) any other reasons justifying relief.

3. Deadline. § 806.07(2): reasonable time, and not more than one year for grounds (a) and (c). Void judgments and the catch-all: reasonable time only.

4. Mandatory vs Discretionary. Discretionary; courts apply the five-factor interest-of-justice test from Miller v. Hanover Ins. Co., 2010 WI 75 (whether the defaulting party has good reason, whether action was prompt, whether opponent will be prejudiced, whether default was willful, whether a meritorious defense exists).

5. Required Showing. Verified motion + affidavit + proposed responsive pleading with specific defense facts.

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

7. Bond / Conditions. Court may impose terms including payment of costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final order under Wis. Stat. § 808.03(1).

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

This is legal information, not legal advice.