Motion to Set Aside / Vacate Default Judgment (Debt Collection) - Nevada

IN THE [____________] COURT, [____________] COUNTY, NEVADA

Case No. [____________]
Dept. No. [____________]

DEFENDANT'S MOTION TO SET ASIDE / VACATE DEFAULT JUDGMENT

Filed Pursuant to Nev. R. Civ. P. 55(c) and 60(b); Request to Stay Execution and Garnishment

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], respectfully moves this Court, under Nev. R. Civ. P. ("NRCP") 55(c) and 60(b), for an order setting aside and vacating the default and default judgment entered against Defendant in this consumer-debt action, granting Defendant leave to file an answer, and staying execution and any garnishment pending resolution of this Motion. This Motion is supported by the accompanying Affidavit of Defendant, the papers and pleadings on file, and the following points and authorities.

I. INTRODUCTION AND PROCEDURAL POSTURE

1. This is an action to collect an alleged consumer debt. Plaintiff [is the original creditor / is a debt buyer or collection agency that claims to have been assigned the alleged debt].

2. The Complaint was filed on or about [__/__/____]. Plaintiff claims to have served Defendant with the summons and complaint on or about [__/__/____].

3. The clerk entered a default against Defendant on or about [__/__/____] under NRCP 55(a), and a default judgment was entered against Defendant on or about [__/__/____] in the amount of $[____________], plus interest, costs, and fees (the "Default Judgment").

4. Written notice of entry of the Default Judgment [☐ was served on Defendant on [__/__/____] / ☐ has not been served on Defendant / ☐ Defendant first learned of the Default Judgment on [__/__/____] when [____________ — e.g., wages were garnished / a bank account was frozen / a credit report was reviewed]].

5. This Motion is filed within a reasonable time, and [☐ within one year of written notice of entry of the Default Judgment / ☐ at any time, because the Default Judgment is VOID under NRCP 60(b)(4)].

II. LEGAL STANDARD

A. NRCP 55(c) and 60(b)

Under NRCP 55(c), "[t]he court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)." NRCP 60(b) authorizes the court, "[o]n motion and just terms," to relieve a party from a final judgment for: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct of an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; or (6) any other reason that justifies relief.

A motion under NRCP 60(b) must be made within a reasonable time, and for grounds (b)(1), (b)(2), and (b)(3), no more than one year after written notice of entry of the judgment. NRCP 60(c). A motion to set aside a void judgment under NRCP 60(b)(4) is not subject to the one-year limit.

B. The Good-Cause / Meritorious-Defense Factors

Nevada courts construe NRCP 55(c) and 60(b) liberally to permit cases to be decided on their merits, resolving doubts in favor of setting aside a default. A party seeking to set aside a default judgment under NRCP 60(b)(1) generally must show (i) a basis for relief (mistake, inadvertence, surprise, or excusable neglect) and (ii) a meritorious defense to the underlying claim. Nevada courts weigh the Yochum factors: (1) a prompt application to remove the judgment; (2) the absence of an intent to delay the proceedings; (3) a lack of knowledge of procedural requirements on the part of the moving party; and (4) good faith. See Yochum v. Davis, 98 Nev. 484, 653 P.2d 1215 (1982) [verify citation]; Epstein v. Epstein, 113 Nev. 1401, 950 P.2d 771 (1997) [verify citation]. The court must make express findings on these factors.

III. GROUNDS FOR RELIEF

A. The Default Judgment Is Void — Defective Service / No Personal Jurisdiction (NRCP 60(b)(4))

A judgment entered without valid service of process and without personal jurisdiction over the defendant is void and must be set aside. Defendant contends the Default Judgment is void for the reason(s) checked:

☐ Defendant was never served with the summons and complaint.

☐ Service was made at an address where Defendant did not reside or was not employed, or on a person not authorized to accept service.

☐ The return/affidavit of service is false, defective, or facially insufficient under NRCP 4, 4.2, or 4.4 (e.g., improper substituted service; defective service by publication without the required diligence and order).

☐ Service by publication was used without a proper affidavit of due diligence and court order, and without the required mailing. NRCP 4.4.

☐ Other defect in service or jurisdiction: [____________].

Because the Default Judgment is void, it must be vacated regardless of the elapsed time and without a showing of a meritorious defense. NRCP 60(b)(4).

B. Mistake, Inadvertence, Surprise, or Excusable Neglect (NRCP 60(b)(1))

☐ Defendant's failure to respond resulted from mistake, inadvertence, surprise, or excusable neglect, in that: [____________ — e.g., Defendant did not receive the summons; Defendant was hospitalized/incapacitated; the papers were misdirected; Defendant reasonably believed the matter was disputed or resolved; identity theft]. Defendant acted promptly upon learning of the Default Judgment, did not intend to delay, lacked knowledge of the procedural requirements, and proceeds in good faith. (Yochum factors.)

C. Fraud, Misrepresentation, or Misconduct (NRCP 60(b)(3))

☐ The Default Judgment was obtained through fraud, misrepresentation, or misconduct, in that: [____________ — e.g., a false affidavit of service ("sewer service"); a robo-signed affidavit of debt; misrepresentation of the amount owed or of ownership of the debt].

D. Newly Discovered Evidence (NRCP 60(b)(2))

☐ Evidence that could not, with reasonable diligence, have been discovered in time to defend has come to light: [____________].

E. Satisfaction / Discharge (NRCP 60(b)(5))

☐ The alleged debt was paid, settled, released, or discharged (including by discharge in bankruptcy) before judgment: [____________].

F. Any Other Reason Justifying Relief (NRCP 60(b)(6))

☐ Other extraordinary circumstances justify relief: [____________].

IV. DEFENDANT HAS A MERITORIOUS DEFENSE

Defendant has one or more meritorious defenses that, if the Default Judgment is vacated, would likely change the result. The following defenses apply:

☐ Statute of Limitations. The alleged debt is time-barred. A written contract must be sued upon within six (6) years (NRS 11.190(1)(b)); an open account for goods or a contract not in writing within four (4) years (NRS 11.190(2)(a), (c)). The debt accrued (last payment/default) on or about [__/__/____], more than the limitations period before suit. Suing on a time-barred debt also violates the FDCPA.

☐ Wrong Defendant / Mistaken Identity / Identity Theft. Defendant is not the person who incurred the alleged debt, or the account is the product of identity theft or a mix-up of similarly named persons. [____________].

☐ Lack of Standing; No Proof of Assignment. Plaintiff is a debt buyer that has not established a complete, unbroken chain of assignment from the original creditor identifying Defendant's specific account, and is therefore not the real party in interest. NRCP 17.

☐ Wrong / Unsubstantiated Amount. The amount of the Default Judgment is incorrect, inflated, or includes unauthorized interest, fees, or charges not supported by the account agreement or itemized statements. [____________].

☐ Payment / Discharge / Accord and Satisfaction. The debt has been paid, settled, released, or discharged in bankruptcy. [____________].

☐ Potential separate FDCPA claim—not by itself a defense that the debt is invalid. If a qualifying debt collector failed to provide the notice or verification required by 15 U.S.C. § 1692g, Defendant may have a separate civil claim under 15 U.S.C. § 1692k. A formal pleading is not an “initial communication” under § 1692g(d). Plead such a claim only if procedurally permitted, and evaluate any state-law issue separately.

☐ Unlicensed Collector / Debt Buyer. Plaintiff is not licensed as required under NRS Chapter 649 (NRS 649.075; debt buyer defined at NRS 649.031). [verify Plaintiff's licensing status.]

☐ Other meritorious defense: [____________].

V. REQUEST TO STAY EXECUTION AND GARNISHMENT

1. Defendant requests that the Court stay execution of the Default Judgment, and quash or stay any writ of execution, writ of garnishment, bank levy, or wage garnishment issued or to be issued on the Default Judgment, pending determination of this Motion and, if the Motion is granted, pending resolution of the action on the merits. See NRS Chapter 21 (execution) and NRS Chapter 31 (garnishment/attachment) [verify].

2. A stay is warranted because continued collection on a judgment that is void (or subject to being vacated) would cause irreparable harm to Defendant, including loss of wages and exempt funds, while a brief stay imposes minimal prejudice on Plaintiff.

☐ Defendant requests an immediate/temporary stay and asks the Court to set this Motion for hearing on an expedited basis because a garnishment or levy is active or imminent.

VI. RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that this Court:

1. SET ASIDE the entry of default and VACATE the Default Judgment entered on [__/__/____] under NRCP 55(c) and 60(b);

2. QUASH / STAY any writ of execution, garnishment, levy, or other collection process issued on the Default Judgment, and order the return of any wages or funds withheld;

3. GRANT Defendant leave to file the answer attached as Exhibit [____] (or within [____] days of the order);

4. In the alternative, SET this matter for an evidentiary hearing on the validity of service and the grounds for relief; and

5. GRANT such other and further relief as the Court deems just and proper.

DATED this [____] day of [____________], 20[____].

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

VII. AFFIDAVIT OF DEFENDANT IN SUPPORT OF MOTION

STATE OF NEVADA )
COUNTY OF [____________] ) ss.

I, [____________], being first duly sworn, depose and state:

1. I am the Defendant in this action. I have personal knowledge of the facts stated below and am competent to testify to them.

2. [Describe how and when you first learned of the lawsuit and of the Default Judgment, and what happened with service: ____________.]

3. [State the facts supporting your ground(s) for relief — e.g., I was never served; the papers were left at an address where I do not live; I was hospitalized; the debt is not mine: ____________.]

4. [State the facts supporting your meritorious defense — e.g., the last payment on this account was on or about [__/__/____]; I never had this account; I paid/settled this debt; the amount is wrong: ____________.]

5. I did not intend to ignore this lawsuit or to delay these proceedings. I acted promptly to seek relief after learning of the Default Judgment, and I bring this Motion in good faith.

6. If the Default Judgment is vacated, I will promptly file the answer attached to this Motion and defend this action on the merits.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Executed on [__/__/____].

/s/ [____________________________________]
[____________________________________], Defendant

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

________________________________________
Notary Public

VIII. PROPOSED ORDER

IN THE [____________] COURT, [____________] COUNTY, NEVADA

Case No. [____________] Dept. No. [____________]

ORDER ON MOTION TO SET ASIDE / VACATE DEFAULT JUDGMENT

This matter came before the Court on Defendant's Motion to Set Aside / Vacate Default Judgment, filed under NRCP 55(c) and 60(b). The Court, having considered the Motion, the Affidavit of Defendant, any opposition and reply, and the papers on file, and good cause appearing, FINDS and ORDERS:

1. The Motion is [GRANTED / DENIED].

2. The entry of default and the Default Judgment entered on [__/__/____] are [SET ASIDE AND VACATED].

3. Any writ of execution, garnishment, or levy issued on the Default Judgment is [QUASHED / STAYED], and withheld wages or funds shall be [returned to Defendant].

4. Defendant shall file an answer within [____] days of this Order.

IT IS SO ORDERED.

DATED this [____] day of [____________], 20[____].

________________________________________
District / Justice Court Judge

IX. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], I served a true and correct copy of the foregoing Motion to Set Aside / Vacate Default Judgment (with Affidavit and Proposed Order) upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in accordance with Nev. R. Civ. P. 5, by the following method:

☐ Nevada eFile system (eFileNV / Odyssey eFileNV) — notice to all registered filers
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

NEVADA PRACTICE NOTES

• Authority and deadline: NRCP 55(c) allows the court to set aside an entry of default for good cause and a final default judgment under NRCP 60(b). A 60(b) motion must be filed within a reasonable time and, for grounds (b)(1)-(3), within one year after written notice of entry of judgment. NRCP 60(c).
• Void judgments (no time limit): A judgment entered without valid service / personal jurisdiction is void under NRCP 60(b)(4), must be set aside, and is not subject to the one-year limit or a meritorious-defense requirement.
• Standard: Nevada applies the Yochum good-cause factors (prompt application; no intent to delay; lack of knowledge of procedural requirements; good faith) and requires a meritorious defense for relief under 60(b)(1)-(3)/(6); the court must make express findings. Yochum v. Davis; Epstein v. Epstein [verify citations].
• Court / rules: District Court applies NRCP; Justice Court applies the JCRCP, which track NRCP 55/60 — substitute the JCRCP numbers if the matter is in Justice Court.
• Stay / garnishment: Move promptly to stay execution and quash garnishment (NRS Ch. 21, Ch. 31), and assert applicable exemptions (e.g., NRS 21.090; NRS 31.045 et seq.) — a claim of exemption is time-sensitive. [verify current procedure.]
• Debt-specific defenses: SOL (NRS 11.190), no assignment/standing, wrong amount, identity theft, payment/discharge, and any properly grounded licensing issue. A qualifying § 1692g violation may support a separate FDCPA claim, but does not by itself invalidate the debt.

Sources and References

• Nevada Rules of Civil Procedure (NRCP 55, 60): https://www.leg.state.nv.us/courtrules/nrcp.html
• NRCP 60 (clean text, Nevada Courts): https://nvcourts.gov/__data/assets/pdf_file/0020/14258/nrcp_60.pdf
• Vargas v. J. Morales, 138 Nev. Adv. Op. 38 (2022) (NRCP 60(b)(1) timeliness): https://scholars.law.unlv.edu/nvscs/
• McDonald Carano, "Understanding the Grounds of Relief from 'Final Judgment' in Nevada" (NRCP 60(b); Yochum factors): https://www.mcdonaldcarano.com/news/understanding-the-grounds-of-relief-from-final-judgment-in-nevada/
• NRS 11.190 (periods of limitation): https://www.leg.state.nv.us/nrs/nrs-011.html
• NRS Chapter 649 (collection agencies; debt buyers): https://www.leg.state.nv.us/nrs/nrs-649.html
• NRS Chapter 21 (execution) and Chapter 31 (attachment/garnishment): https://www.leg.state.nv.us/nrs/
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• Civil Law Self-Help Center (Las Vegas) — setting aside a default judgment: https://www.civillawselfhelpcenter.org/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review and customization by a licensed Nevada attorney. Legal requirements and court rules change frequently. Always verify current rules and local practices before filing.