If a judgment in default is incorrectly entered, what should the court do?

• A. Reinstate the judgment as is.
• B. Amend the amount of the judgment only.
• C. Set it aside only if there is a defect in service.
• D. The court must set it aside.

Answer: (D)

When a judgment in default has been entered incorrectly, the priority is to fix the record and restore proper procedure. A default judgment ends the case without giving the other side a fair chance to respond, so if the entry itself is wrong, the court should set it aside to allow the claim to be considered correctly—with proper service, notice, and opportunity to defend. It's not just about adjusting the monetary amount or applying a narrow service defect rule; the underlying entry must be corrected so the matter can proceed on the merits.

Reinstating the judgment as it stands would perpetuate the error, and merely changing the amount addresses only part of the problem. Limiting the remedy to defects in service misses other ways the entry could be incorrect. By setting the judgment aside, the court clears the way for a proper re-entry or trial with appropriate due process.