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Making a Motion for Relief from a Default Judgment – Debt Collections

Overview of Making a Motion for Relief from a Default Judgment in a Debt Collections Case

If you were served a Summons and Complaint, and you’re listed as a Defendant at the top of the first page of both documents, you’re being sued. If the Complaint mainly says you owe money to the Plaintiff, you’re being sued to collect a debt.

For more information about what to do when you’re served a Summons and Complaint to collect a debt, go to Answering a District Court Summons and Complaint.

If the Defendant doesn’t answer the Summons and Complaint in writing, and correctly serve a copy on the Plaintiff within the 21-day deadline, the Plaintiff may make a motion to the District Court judge for a default judgment.

If the judge assigned to the debt collection case gives the Plaintiff a default judgment, the judgment operates the same as any other judgment granted by a judge.

This means the Plaintiff can collect the judgment using any judgment collection option available under North Dakota law. This includes garnishing wages and selling the Defendant’s belongings to settle the debt (special Writ of Execution). For more information about collecting a judgment, go to Judgment Collection for the Losing Party (Judgment Debtor).

To get a default judgment, the Plaintiff must prove the following, in writing, in their motion for default judgment (N.D.R.Civ.P. Rule 55):

  1. The Defendant was served the Summons and Complaint as required by Rule 4 of the North Dakota Rules of Civil Procedure;
  2. At least 21 days have passed since the day after the Defendant was served the Summons and Complaint, and the Defendant didn’t answer in writing;
  3. The Defendant isn’t an active military service member;
  4. The North Dakota State District Court has the authority (jurisdiction) to grant the Plaintiff a debt collection judgment; and
  5. The Plaintiff provided all other necessary information and proof to the District Court judge to prove the Defendant owes the debt to the Plaintiff.

The Defendant has a deadline of 14 or 17 calendar days to oppose the Plaintiff’s motion in writing. The way the Defendant opposes the Plaintiff’s motion is by serving and filing a written Answer to Motion for Default Judgment.

For more information about what to do when the Plaintiff serves you a Motion for Default Judgment in a debt collection case, go to Answer to Motion for Default Judgment - Debt Collection

If the Defendant doesn’t answer the Motion for Default Judgment in writing, and the District Court judge grants the default judgment, the Defendant may make a Motion for Relief from Default Judgment (N.D.R.Civ.P. Rule 60(b)). The Defendant’s motion for relief from default judgment asks the judge for a do-over by reopening, cancelling, or erasing the default judgment.

The Defendant must prove one or more of the following grounds (reasons) for not answering the Plaintiff’s summons and complaint in the debt collection case:

  1. Mistake, inadvertence, surprise, or excusable neglect. (Motion must be made within 1 year after default judgment is entered.)
  2. Newly discovered evidence that with reasonable diligence, couldn’t have been discovered in time to move for a new trial under D.R.Civ.P. Rule 59(b). (Motion must be made within 1 year after default judgment is entered.)
  3. Fraud (whether previously call intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party. (Motion must be made within 1 year after default judgment is entered.)
  4. The judgment is void. (Motion must be made within a reasonable time.)
  5. The judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable. (Motion must be made within a reasonable time.)
  6. Any other reason that justifies relief. (Motion must be made within a reasonable time.)

The Defendant must also show they have a legitimate argument to make in the original debt collection case. This is called a valid, or meritorious, defense.

A valid (meritorious) defense is something the Defendant could have included in their written answer to the summons and complaint, if the Defendant had answered.

Common valid (meritorious) defenses in debt collection cases include (but aren’t limited to):

  • Active military service.
  • The amount of debt the Plaintiff claims the Defendant owes is wrong.
  • The debt was already paid in full, or an amount was paid that was accepted by the Plaintiff as payment in full.
  • The debt is part of a pending bankruptcy case, or was discharged in bankruptcy.
  • The debt included in this debt collection case was already decided in the Defendant’s favor by another court.
  • The statute of limitations is passed for this debt;
  • Identity theft or mistaken identity;
  • The Plaintiff isn’t the original owner of the debt and can’t prove they now own the debt they’re trying to collect.

The motion for relief from default judgment doesn’t need to prove the Defendant wins, only that they could win if given the chance.

Important! Inability to pay the debt, on its own, isn’t a valid (meritorious) defense to the debt collection case.  

Forms and Guides for Making a Motion for Relief from Default Judgment in a Debt Collections Case

ND Legal Self Help Center staff and court employees aren’t allowed to give legal advice and can’t help you create legal documents or complete any forms. If you’re unsure how to proceed, consult a lawyer.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for common and uncomplicated circumstances. The following forms won’t work for every debt collection case. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point for creating your own legal documents.

Required Forms to Make a Motion for Relief from Default Judgment:

Other Resources

Following are other resources related to making a motion for relief from a default judgment motion in a debt collections case that may be of interest.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.