Motion to Vacate Default Judgment — Rule 60(b)

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE INFORMATION

Movant (Defendant — Your Client) *

Plaintiff *

File No. *

County *

Division

Date Default Judgment Was Entered *

Amount of Default Judgment

Has the judgment been enforced (wages garnished, property seized, bank levied)?

03 GROUNDS FOR RELIEF — RULE 60(b)

Select All Applicable Grounds *

04 FACTUAL BASIS FOR RELIEF

Factual Basis for the Ground(s) Selected *

Time Since Judgment Entered

Grounds 1–3 must be filed within 1 year of the judgment. Ground 4 (void) has no time limit. Ground 6 must be filed within a reasonable time.

05 MERITORIOUS DEFENSE

Proposed Meritorious Defense to the Underlying Claim *

Required — cannot vacate without a meritorious defense. Must show defendant would have a viable defense on the merits.

06 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

Service Address / Email

SELECTED COUNTY

— Select above —

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Must show: (1) grounds for relief AND (2) a meritorious defense to the underlying claim
Improper service = void judgment under Ground 4 — no time limit to raise
Grounds 1–3: must file within 1 year of the judgment date
Ground 6: must file within a reasonable time — courts look at prejudice and delay
File motion in the original case (same file number)
Court can vacate, modify, or leave judgment intact

If wages were garnished or property was seized, request return of amounts collected in your prayer for relief
If granted, case returns to active status — defendant must then defend on the merits
Judgment creditor may re-serve and re-file if vacated on service grounds

G.S. 1A-1, Rule 60(b)Relief from judgment

Rule 55Default judgment procedure

Rule 4Service of process

1-year limitGrounds (1)–(3)