Motion to Set Aside / Vacate Default Judgment (Debt Collection) - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — [☐ Civil Actions Branch / ☐ Small Claims and Conciliation Branch]

Case No. [____________]
Calendar/Judge: [____________]

DEFENDANT'S MOTION TO SET ASIDE / VACATE DEFAULT JUDGMENT

Filed Pursuant to Applicable D.C. Superior Court Rules 55(c) and 60(b)

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ through undersigned counsel], respectfully moves to set aside the [☐ entry of default / ☐ final default judgment] entered on [__/__/____] and, if required, for leave to file the verified Answer attached as Exhibit [__]. Defendant separately requests the branch-appropriate enforcement relief selected below.

I. BRANCH, ORDER, AND DEADLINE GATE

1. Branch: ☐ Civil Actions Branch ☐ Small Claims and Conciliation Branch.

2. Order challenged:

☐ Civil Actions entry of default that has not taken effect. The default was entered on the court's or clerk's own initiative and docketed on [DATE]. This motion is filed within Civil Rule 55(a)(2)'s 14-day period and shows good cause why default should not be entered.

☐ Entry of default. Defendant seeks relief under Civil Rule 55(c)(2). Unless an exception applies, the attached Answer is verified and states a defense sufficient, if proved, to bar the claim in whole or part.

☐ Final default judgment. Defendant seeks relief under Civil Rule 60(b), incorporated in Small Claims through Small Claims Rule 2 unless inconsistent.

3. Rule 55(c)(2) answer exception, if any:

☐ This motion asserts lack of subject-matter or personal jurisdiction.
☐ An answer was filed before default.
☐ A signed settlement agreement or proposed consent judgment accompanies the motion.
☐ No exception applies; a verified Answer is attached.

4. Rule 60 timing:

☐ Grounds (b)(1), (2), or (3): filed within a reasonable time and no more than one year after entry.
☐ Ground (b)(4): the judgment is asserted to be void; Hudson holds that no time limit or meritorious-defense requirement applies.
☐ Grounds (b)(5) or (6): filed within a reasonable time; ground (6) is not used to evade the one-year limit for a ground covered by (b)(1).

II. INTRODUCTION

5. This is a consumer debt-collection action in which Plaintiff seeks to collect an alleged [☐ credit-card / ☐ installment-loan / ☐ medical / ☐ other: [____________]] debt. A [☐ default / ☐ default judgment] was entered against Defendant on [__/__/____] in the amount of $[____________].

6. The District of Columbia strongly favors adjudication on the merits. For discretionary relief, the court must conduct a developed inquiry into notice, good faith, promptness, an adequate defense, and prejudice. Wylie v. Glenncrest, 143 A.3d 73 (D.C. 2016); Crosby v. Brown, No. 18-CV-1287, slip op. at 10-13 (D.C. Feb. 23, 2023).

7. The default should be set aside because [summarize the selected ground and supporting facts].

III. IDENTIFICATION OF THE DEFAULT OR JUDGMENT

8. On [__/__/____], the [☐ Clerk / ☐ Court] entered a default against Defendant for [☐ failure to plead or otherwise defend / ☐ failure to appear in Small Claims / ☐ other: [____________]].

9. On [__/__/____], the Court entered a default judgment in the amount of $[____________], comprising alleged principal of $[__________], interest of $[__________], fees/costs of $[__________], and $[__________] in [____________].

10. Defendant first learned of the [☐ default / ☐ judgment] on [__/__/____] when [describe]. For any discretionary Rule 60 ground, Defendant acted promptly by [facts and dates].

IV. LEGAL STANDARD

11. Entry of default — Rule 55. Civil Rule 55(a)(2) supplies the special 14-day route identified above. Under Rule 55(c)(2), the court may set aside an entry of default for good cause on filing a verified answer stating a defense sufficient, if proved, to bar the claim in whole or part, subject to the rule's express exceptions. A final default judgment is addressed under Rule 60(b).

12. Final default judgment — Rule 60(b). Rule 60(b) permits relief from a final judgment for the six grounds stated in the rule. Rule 60(c)(2) states that filing the motion does not suspend the judgment's operation.

13. Void judgment. A judgment entered without legally effective service and personal jurisdiction is void. If the judgment is void, the court must vacate it; there is no time limit, laches bar, or meritorious-defense requirement. A procedural or legal error that makes a judgment merely erroneous or voidable is not enough. Hudson v. Shapiro, 917 A.2d 77, 82-84 (D.C. 2007).

14. Discretionary grounds. For a non-void default judgment, the court considers actual notice, good faith, prompt action, an adequate defense, and prejudice to the nonmoving party. Wylie; Crosby. State facts for each applicable factor rather than relying on labels.

V. GROUNDS FOR RELIEF

☐ A. Void Judgment — Defective Initial Service / No Personal Jurisdiction (Rule 60(b)(4)). Initial service did not comply with [☐ Civil Rule 4 / ☐ Small Claims Rule 4] because [identify the exact method used, the exact requirement not met, and supporting evidence]. Defendant [☐ never filed a responsive motion or answer before default / ☐ preserved the service objection in: [____________]]. The Court therefore lacked personal jurisdiction and the final judgment is void. Hudson; Wylie.

☐ B. Excusable Neglect, Mistake, Inadvertence, or Surprise (Rule 60(b)(1); Rule 55(c)). Defendant's failure to respond was the result of excusable neglect, mistake, inadvertence, or surprise. Specifically, [describe — e.g., Defendant was hospitalized / out of the country / never actually received the papers / reasonably believed the matter was being handled / suffered a clerical or calendaring error]. Defendant did not willfully ignore the action and moved promptly to cure the default upon learning of it.

☐ C. Fraud, Misrepresentation, or Misconduct by an Opposing Party (Rule 60(b)(3)). [Identify the specific statement or act, speaker, date, evidence, and connection to the judgment.]

☐ D. Newly Discovered Evidence (Rule 60(b)(2)). The following evidence could not, with reasonable diligence, have been discovered in time to move for a new trial under Rule 59(b): [describe evidence and diligence].

☐ E. Satisfaction, Release, Discharge, Reversal, or Prospective Inequity (Rule 60(b)(5)). [Identify the applicable clause and facts.]

☐ F. Any Other Reason Justifying Relief (Rule 60(b)(6)). [Describe extraordinary circumstances not covered by (b)(1)-(5). Do not use (b)(6) to evade the one-year limit for mistake, inadvertence, surprise, or excusable neglect.]

VI. ADEQUATE OR MERITORIOUS DEFENSE

15. Complete this section for a Rule 55(c)(2) motion unless an express answer exception applies, and for discretionary Rule 60 relief. It is not required for a true void-judgment motion under Rule 60(b)(4). Defendant will assert the following supported defense or defenses in the attached verified Answer:

☐ (a) Limitations. If this is a covered action for collection of consumer debt commenced on or after September 1, 2021, D.C. Code § 28-3814(o) supplies a three-year period from accrual unless another statute supplies a shorter period. Accrual, any shorter period, tolling, revival, and the effect of payments are fact-specific. [Apply dates and authority to this account.]

☐ (b) Wrong Defendant / Mistaken Identity / Identity Theft. Defendant is not the person who incurred the alleged debt, or the account was opened or used through identity theft or fraud. Defendant [describe] and demands strict proof that Defendant is the correct obligor.

☐ (c) Amount Not Established. The judgment includes amounts not supported by the agreement or the records required by D.C. Code § 28-3814(q) and (r), including [identify principal, interest, fee, charge, or missing record].

☐ (d) Paid, Settled, or Discharged. The alleged debt has been paid, settled, released, or discharged in whole or in part, including by discharge in bankruptcy.

☐ (e) Ownership or Chain Evidence Not Established. Plaintiff is not the original creditor, and the complaint or pre-judgment evidence did not satisfy the applicable ownership requirements in § 28-3814(q)(5), (r), or, for a debt buyer, (s), specifically: [identify the missing owner, transfer date, account-specific affidavit, or supporting business record].

☐ (f) D.C. Code § 28-3814 Noncompliance. After confirming that the statute covers this debt and plaintiff, Defendant invokes § 28-3814(t)(2) because [identify the precise subsection (o)-(s) violation]. The statute permits dismissal for noncompliance and requires dismissal with prejudice only for substantial or willful noncompliance.

16. The facts supporting the selected defenses appear in the sworn affidavit below and the attached verified Answer. The motion does not assume that every pleading defect defeats the debt on the merits.

VII. DEFENDANT'S SWORN AFFIDAVIT

DISTRICT OF COLUMBIA, ss:

I, [____________], being first duly sworn or affirmed, state:

1. I am the Defendant in this action and have personal knowledge of the facts stated here.

2. [Service / notice facts — e.g., "I never received the summons and complaint. I did not live at [address] on the date service was purportedly made," OR explain the excusable neglect, mistake, or surprise.]

3. I first learned that a [default / default judgment] had been entered against me on [__/__/____], when [describe].

4. [For Rule 55 relief or a discretionary Rule 60 ground:] I have a meritorious defense to this action, namely: [summarize the facts supporting the defense(s) checked in Section VI — e.g., the debt is time-barred / is not mine / was paid / the amount is wrong / Plaintiff does not own it].

5. [For a discretionary ground:] I did not willfully fail to respond, and I acted promptly after learning of the [default / judgment] by [facts and dates].

6. I respectfully ask the Court to set aside the [default / final default judgment] and allow me to defend on the merits.

_______________________________________
[____________], Defendant

Subscribed and sworn or affirmed before me this [____] day of [____________], 20[____].

_______________________________________
Notary Public
My commission expires: [____________]

VIII. BRANCH-SPECIFIC REQUEST CONCERNING ENFORCEMENT

17. Civil Actions Branch: Civil Rule 62(a)'s 30-day automatic stay [☐ remains in effect / ☐ has expired / ☐ was modified by order]. Under Rule 62(b), Defendant offers the following bond or other security and requests its approval and a stay of execution: [describe amount, form, and proposed duration].

18. Small Claims Branch: Under Small Claims Rule 15(b), Defendant requests a stay for good cause on the following appropriate terms for Plaintiff's security: [facts, proposed terms, and security].

19. Enforcement status and requested case-specific relief:

IX. RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court:

A. SET ASIDE the entry of default under Rule 55(c) and/or VACATE the default judgment entered on [__/__/____] under Rule 60(b);

B. GRANT the branch-appropriate stay on the security or terms stated above;

C. upon vacatur, RECALL, QUASH, OR RELEASE enforcement process to the extent authorized and supported by the record;

D. GRANT Defendant leave to file the verified Answer attached as Exhibit [__], if required, and permit Defendant to defend on the merits; and

E. grant such other relief as the Court deems just and proper.

X. BRANCH-SPECIFIC MOTION FILING

A. Civil Actions Branch

Rule 12-I(a) certification, if this is a nondispositive motion: On [date] at [time], Defendant [or counsel] contacted [name] by [method] to discuss the anticipated motion and narrow disagreement. [State response, consent, or no response.]

A proposed order accompanies this motion under Civil Rule 12-I(f). It lists all persons who must receive the order, any non-electronic-service addresses, existing scheduling-order dates, and any date affected by the requested relief.

B. Small Claims and Conciliation Branch

☐ Self-represented movant: File the written motion with the necessary copies; under Small Claims Rule 13(b)(1), the clerk sends notice to the opposing party.

☐ Represented movant: Serve the written motion under Civil Rule 5 and include beneath the certificate of service: “THIS MOTION HAS BEEN SET FOR HEARING IN SMALL CLAIMS COURT ON [DATE] AT [TIME].”

DATED: [__/__/____]

Respectfully submitted,

/s/ [____________________________________]
[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
D.C. Bar No. (if attorney): [____________]
[Street Address]
[City], [State] [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

XI. CERTIFICATE / PROOF OF SERVICE

I certify that on the [____] day of [____________], 20[____], I served a true and correct copy of the Motion, sworn Affidavit, verified Answer (if applicable), proposed Order (if applicable), and stay request (if separate) on Plaintiff's counsel of record, or Plaintiff if unrepresented, under Civil Rule 5 by:

☐ the Superior Court's authorized electronic-filing system
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email or another electronic method authorized by administrative order or consented to in writing

For a non-electronic filing, I delivered the filing to the assigned judge as follows: [date and manner].

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

DISTRICT OF COLUMBIA PRACTICE NOTES

• Branch first. Small Claims Rules 4, 12, 13, and 15 alter initial service, default, motion notice, and stay procedure. Civil Rules 55 and 60 apply in Small Claims only through Rule 2 and only when consistent.
• Fourteen-day route. Civil Rule 55(a)(2) may prevent a specified court- or clerk-initiated default from taking effect if a good-cause motion is filed within 14 days after docketing.
• Entry versus final judgment. Rule 55(c)(2) addresses an entry of default and ordinarily requires a verified sufficient Answer. Rule 60(b) addresses a final default judgment.
• Timing. Grounds (b)(1)-(3) require a reasonable-time filing no more than one year after entry. Under Hudson, a true void-judgment motion has no time limit and needs no meritorious defense.
• Discretionary factors. For non-void relief, state facts concerning notice, good faith, promptness, an adequate defense, and prejudice. Wylie; Crosby.
• Covered consumer debt. Section 28-3814(o), not a generic charge-off rule, supplies the three-year period for covered actions. Accrual remains fact-specific. Subsections (q)-(t) must be applied by their exact coverage and remedy terms.
• No automatic motion stay. Rule 60 does not suspend the judgment. Civil Rule 62 and Small Claims Rule 15 use different stay mechanisms and security language.
• Motion practice. Civil Actions Rule 12-I requires the applicable conference certification and proposed order. Small Claims Rule 13 uses its own filing and notice procedure.

Sources and References

• D.C. Super. Ct. R. Civ. P. 55 (Default; setting aside): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2055.%20Default%20Default%20Judgment.pdf
• D.C. Super. Ct. R. Civ. P. 60 (Relief from judgment or order): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2060.%20Relief%20from%20a%20Judgment%20or%20Order_0.pdf
• D.C. Super. Ct. R. Civ. P. 4 (Summons; service): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%204.%20Summons.pdf
• D.C. Super. Ct. R. Civ. P. 5 (later-paper service): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%205.%20Serving%20and%20Filing%20Pleadings%20and%20Other%20Papers.pdf
• D.C. Super. Ct. R. Civ. P. 5-I (proof of service): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%205-I.%20Proof%20of%20Service.pdf
• D.C. Super. Ct. R. Civ. P. 12-I (motions): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2012-I.%20Motions%20Practice_0.pdf
• D.C. Super. Ct. R. Civ. P. 62 (stay): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2062.%20Stay%20of%20Proceedings%20to%20Enforce%20a%20Judgment.pdf
• D.C. Small Claims Rules: https://www.dccourts.gov/sites/default/files/superior-rules/Superior-Court-Rules-of-Procedure-for-the-Small-Claims-and-Conciliation-Branch.pdf
• Hudson v. Shapiro, 917 A.2d 77 (D.C. 2007): https://www.dccourts.gov/sites/default/files/pdf-opinions/03-CV-1250.PDF
• Wylie v. Glenncrest, 143 A.3d 73 (D.C. 2016): https://www.dccourts.gov/sites/default/files/pdf-opinions/15-CV-146.pdf
• Crosby v. Brown, No. 18-CV-1287 (D.C. Feb. 23, 2023): https://www.dccourts.gov/sites/default/files/2023-02/Crosby%20v.%20Brown%2018-CV-1287.pdf
• D.C. Code § 28-3814 (debt collection): https://code.dccouncil.gov/us/dc/council/code/sections/28-3814