United States v. One Parcel of Real Prop., Etc., Ignacia Payan Angula, Claimant-Appellant, 763 F.2d 181 (5th Cir. 1985). · Go Syfert
United States v. One Parcel of Real Prop., Etc., Ignacia Payan Angula, Claimant-Appellant, 763 F.2d 181 (5th Cir. 1985). Cases Citing This Book View Copy Cite
147 citation events (85 in the last 25 years) across 23 distinct courts.
Strongest positive: Chihai v. Equifax Information Services, LLC (txwd, 2025-08-20)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Chihai v. Equifax Information Services, LLC
W.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
the decision to set aside a default decree lies within the sound discretion of the district court.
examined Cited as authority (verbatim quote) Williams v. Entergy Services LLC (2×) also: Cited as authority (rule)
M.D. La. · 2024 · quote attribution · 1 verbatim quote · confidence high
although a motion to set aside a default decree under fed. r. civ. p. 55(c) is somewhat analogous to a motion to set aside a judgment under fed. r. civ. p. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.
examined Cited as authority (verbatim quote) Banks v. Kottemann Law Firm (2×) also: Cited as authority (rule)
M.D. La. · 2021 · quote attribution · 1 verbatim quote · confidence high
although a motion to set aside a default decree under fed. r. civ. p. 55(c) is somewhat analogous to a motion to set aside a judgment under fed. r. civ. p. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.
examined Cited as authority (verbatim quote) Jackson v. Southern University A&M College (3×) also: Cited as authority (rule)
M.D. La. · 2020 · quote attribution · 1 verbatim quote · confidence high
although a motion to set aside a default decree under fed.r.civ.p. 55(c) is somewhat analogous to a motion to set aside a judgment under fed.r.civ.p. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.
discussed Cited as authority (rule) Daniel Jurek et al v. Federal Hockey, LLC et al
W.D. La. · 2026 · confidence medium
“The decision to set aside a default decree lies within the sound discretion of the district court” and “necessarily is informed by equitable principles.” Dierschke, 975 F.2d at 183-84; United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Renelle Hernandez v. Cajun Bourbon, LLC
E.D. La. · 2026 · confidence medium
“In determining whether to set aside a default decree, the district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985). “[T]he standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.” Id.
cited Cited as authority (rule) Gloria Ann Robertson v. William F. Tate, IV, ET AL.
W.D. La. · 2026 · confidence medium
Additionally, “the decision to set aside a default decree lies within the sound discretion of the district court.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Carnell C. Morris v. James M. LeBlanc, et al.
W.D. La. · 2026 · confidence medium
“The decision to set aside a default decree lies within the sound discretion of the district court” and “necessarily is informed by equitable principles.” O’Cheskey, 975 F.2d at 183-84; United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) FCCI Insurance Company v. Artisan Masonry, Inc., A&A Granite & Limestone, LLC, Robert E. Gladu a/k/a “Bobby” Gladu, and Lacy Gladu
E.D. Tex. · 2025 · confidence medium
Moller-Maersk A/S, 2 Unless otherwise indicated, the information in this paragraph is derived from Gladu’s affidavit (Dkt. #12-2). 3 United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985) (holding that setting aside an entry of default is “less rigorous” than setting aside a judgment); see also FED.
discussed Cited as authority (rule) Brasseaux v. Southern Alabama Marine Logistics L L C
W.D. La. · 2025 · confidence medium
Safety Mgmt., 2016 WL 1275336 , at *2 (quoting In re OCA, Inc., 551 F.3d 359, 370 (Sth Cir. 2008). 4 United States v. One Parcel of Real Property, 763 F.2d 181, 183 (Sth Cir.1985). 5 Matter of Dierschke, 975 F.2d 181 , 183 (5th Cir. 1992). 6 Lacy, 227 F.3d at 292 (citations omitted). required and other factors may be considered, including whether “the defendant acted expeditiously to correct the default.””” The factors “should be viewed against the background principles that cases should, if possible, be resolved on the merits and that defaults are generally disfavored.””° Wheth…
examined Cited as authority (rule) Durham v. The Francis Southern Table & Bar, LLC (3×) also: Cited "see, e.g."
M.D. La. · 2025 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985); 10A Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Toy v. Jones
N.D. Miss. · 2025 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985) (citing Meehan v. Snow, 652 F.2d 274, 277 (2d Cir. 1981)).
cited Cited as authority (rule) Wells v. St. George
M.D. La. · 2024 · confidence medium
“The decision to set aside a default decree lies within the sound discretion of the district court.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Trimark Northside LLC v. CW Developments Inc.
N.D. Miss. · 2024 · confidence medium
The Fifth Circuit has established a three-part test for determining whether to set aside the default. “[T]he district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Wells v. Gautreaux
M.D. La. · 2024 · confidence medium
“In determining whether to set aside a default decree, the district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” Id., quoting U.S. v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Hoover v. Howe
N.D. Miss. · 2024 · confidence medium
If the Court were to strike Union National's Answer [192], Plaintiff would undoubtedly move for an entry of default on those grounds and then for default judgment. “[M]odern federal procedure favors trials on the merits,” and the Court, when deciding whether to set aside default, “consider[s] whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985) (citations omitted).
cited Cited as authority (rule) Young v. Lindley
N.D. Miss. · 2024 · confidence medium
One Parcel of Real Prop., 763 F.2d 181, 183-84 (5th Cir. 1985).
discussed Cited as authority (rule) Hampton v. Walmart Store 539
W.D. La. · 2024 · confidence medium
The Fifth Circuit has established a three-part test for determining whether to set aside the default. “[T]he district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5thCir. 1985).
cited Cited as authority (rule) Kamal v. Swinnea Enterprise, Inc.
N.D. Miss. · 2024 · confidence medium
La. 2016) (quoting United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985)); see also Evanston Ins.
cited Cited as authority (rule) Bennett v. LTF Real Estate Company Inc
N.D. Tex. · 2023 · confidence medium
“The decision to set aside a fault decree lies within the sound discretion of the district court.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir.1985).
discussed Cited as authority (rule) Silva-Melendez v. Luar Collective, Inc.
D.P.R. · 2023 · confidence medium
First, “setting aside the default will not prejudice [P]laintiffs[] inasmuch as requiring a party to litigate the action does not amount to such.” Santos-Berrios, 2016 WL 483203 , at *2 (first citing United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985); and then citing Coon, at 77).
cited Cited as authority (rule) Kennedy v. Equifax Information Services LLC
W.D. Tex. · 2023 · confidence medium
United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985).
cited Cited as authority (rule) Charlton Reed Tipton v. Phonso Rayford
W.D. Tex. · 2023 · confidence medium
United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985).
cited Cited as authority (rule) Staff Pro, LLC v. K.C. Staffing LLC
E.D. La. · 2022 · confidence medium
Doc. 36. 12 United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985). 13 UnitedHealthcare Ins.
cited Cited as authority (rule) Gonzales v. Delgado
Bankr. D.N.M. · 2022 · confidence medium
Tex. 2000), citing U.S. v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Murray v. Stengel
E.D. Tex. · 2021 · confidence medium
However, in determining whether to set aside a default judgment “[u]nder either rule [55(c) or 60(b)], we examine the same factors: whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” CJC Holdings, 979 F.2d at 64 (citing United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985)).
cited Cited as authority (rule) Williamwest v. Richardson
E.D. La. · 2021 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
cited Cited as authority (rule) Holder v. Gruenbeck
W.D. La. · 2021 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust v. Salgado (2×)
W.D. Tex. · 2021 · signal: cf. · confidence medium
Relatedly, nothing in the current record suggests that Defendants’ default was the result of a good faith mistake, as Defendants have not entered an appearance even as of the date of this Order.5 This is a quintessential example of a case when “the adversary process has been halted because of an essentially unresponsive party.” Sun Bank, 874 F.2d at 276 ; cf. United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985) (holding that a default is not willful where the defendant files an untimely response).
cited Cited as authority (rule) Miller v. City of Maben Mississippi
N.D. Miss. · 2021 · confidence medium
See id. at 183-84; United States v. One Parcel of Real Prop., 763 F.2d 181, 183-84 (5th Cir. 1985).
discussed Cited as authority (rule) Kansas City Southern Railway Co v. Shan of Monroe L L C
W.D. La. · 2020 · confidence medium
The Fifth Circuit has established a three-part test for determining whether to set aside the default. “[T]he district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5thCir. 1985).
discussed Cited as authority (rule) Kansas City Southern Railway Co v. Shan of Monroe L L C
W.D. La. · 2020 · confidence medium
The Fifth Circuit has established a three-part test for determining whether to set aside the default. “[T]he district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5thCir. 1985).
discussed Cited as authority (rule) Farmers Insurance Company, Inc. v. Quality Truck & Trailer Repair
W.D. Tex. · 2020 · signal: cf. · confidence medium
Cf., e.g., United States v. One Parcel of Real Prop., 763 F.2d 181, 184 (5th Cir. 1985) (excusing default resulting from an untimely filing); Avdeef v. Royal Bank of Scot., P.L.C., 616 F. App'x 665, 672 (5th Cir. 2015) (excusing default resulting from inadequate service of process).
cited Cited as authority (rule) Garza v. Altaire Pharmaceuticals Inc
N.D. Tex. · 2020 · confidence medium
Ultimately, “[t]he decision to set aside a default decree lies within the sound discretion of the district court.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Falcon Insurance Company v. Borlay
N.D. Tex. · 2020 · confidence medium
The day after Falcon filed its new motion and before the Clerk entered default against Liberty 11 Id. (quoting Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1494 (10th Cir. 1995)). 12 Koerner, 910 F.3d at 225 (quotations omitted). 13 Id. 14 United States v. One Parcel of Real Prop, 763 F.2d 181, 183 (5th Cir. 1985). 15 Matter of Dierschke, 975 F.2d at 184 (citing Koen v. Berdsley, 63 F.2d 595 (10th Cir. 1933)).
cited Cited as authority (rule) Guess v. Companion Life Insurance Company
E.D. La. · 2020 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Luxottica Group SpA v. AMZ Buckner Corp
N.D. Tex. · 2020 · confidence medium
Alzoubi, President and Director of AMZ Buckner, states in his declaration that he hired his first attorney on August 23, 2019 “to represent my company and me” and that Alzoubi “believed that he would protect our interests and file the necessary papers to avoid a default.”15 In only two sentences, Luxottica concludes that the defendants’ assertion of excusable neglect is 11 Koerner, 910 F.3d at 225 (quoting Mason & Hanger-Silas-Mason Co. v. Metal Trades Council of Amarillo, Tex. & Vicinity, AFL-CIO, 725 F.2d 166, 168 (5th Cir. 1984)). 12 Id. (quoting In re OCA, Inc., 551 F.3d 359 , 37…
discussed Cited as authority (rule) Charah LLC v. Mueller-Brown Milling Solutions LLC
N.D. Tex. · 2020 · confidence medium
Ultimately, “[t]he decision to set aside a default decree lies within the sound discretion of the district court.” Id. (quoting United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985)).
discussed Cited as authority (rule) Chem Carriers, L.L.C. v. L. Energy International, LLC
M.D. La. · 2020 · confidence medium
For the 16 Moreno v. LG Electronics, USA Inc., 800 F.3d 692, 698 (5th Cir. 2015) (citing In re Dierschke, 975 F.2d at 183-84; United States v. One Parcel of Real Prop., 763 F.2d 181, 183-184 (5th Cir. 1985)). 17 Pelican Renewables 2, LLC v. Directsun Solar Energy & Tech., LLC, 325 F.R.D. 570 , 575 (E.D.
discussed Cited as authority (rule) Gassaway v. TMGN 121, LLC, A Texas limited liability company
N.D. Tex. · 2020 · confidence medium
In determining whether good cause exists to set aside a default, the Fifth Circuit has primarily considered three factors: “whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985).
cited Cited as authority (rule) Voyles v. Superior Staffing L L C
W.D. La. · 2019 · confidence medium
United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985).
discussed Cited as authority (rule) Embarcadero Technologies, Inc. v. NCR Corporation
S.D. Tex. · 2019 · confidence medium
Courts consider “whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” Dierschke, 975 F.2d at 183 (quoting United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985)).
discussed Cited as authority (rule) Ceruolo v. Garcia
Mass. App. Ct. · 2017 · confidence medium
"Allowing an entry of default to be set aside on a showing of reasonable justification is in keeping both with the philosophy that actions should ordinarily be resolved on their merits, [United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985)]; [Meehan v. Snow, 652 F.2d 274, 277 (2d Cir. 1981)]; American & Foreign Ins.
cited Cited as authority (rule) Rosa Saramiento Moreno v. LG Electronics, USA Inc.
5th Cir. · 2015 · confidence medium
See id. at 183-84; United States v. One Parcel of Real Prop., 763 F.2d 181, 183-84 (5th Cir. 1985).
discussed Cited as authority (rule) Taishan Gypsum Co. v. Gross
5th Cir. · 2014 · confidence medium
R.Civ.P. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir.1985). .
discussed Cited as authority (rule) In Re: Chinese Drywall
5th Cir. · 2014 · confidence medium
P. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect.” United States v. One Parcel of Real Prop., 763 F.2d 181, 183 (5th Cir. 1985). 33 Case: 12-31213 Document: 00512636188 Page: 34 Date Filed: 05/20/2014 No. 12-31213 defendant acted expeditiously to correct the default.
discussed Cited as authority (rule) Rick Scott v. Amer Natl Trust & Invst Co.
5th Cir. · 2014 · confidence medium
Co. v. Koutsobinas, 509 Fed.Appx. 54 , 58 n. 4 (2d Cir.2013) (unpublished) (“Because [the plaintiff] failed to state a claim against [the defendant, the defendant] also had a meritorious defense against [the plaintiffs] claims.” (citation omitted)); United States v. One Parcel of Real Prop., 763 F.2d 181, 183-84 (5th Cir.1985) (finding that a defendant “obtusely” presented a meritorious defense in a forfeiture action where the complaint did not contain any allegations that she obtained the subject property with illegal proceeds and she proved that she was the owner of the property).
cited Cited as authority (rule) Sellers v. Osyka Permian, LLC
S.D. Miss. · 2009 · confidence medium
United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir.1985).
discussed Cited as authority (rule) United States v. Tellez
W.D. Tex. · 2009 · confidence medium
“In determining whether to set aside a default decree, the district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” Dierschke, 975 F.2d at 183 (quoting United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir.1985)).
cited Cited as authority (rule) Stringer v. McDaniels
5th Cir. · 2003 · confidence medium
See Campbell v. Eastland, 307 F.2d 478, 490-491 (5th Cir. 1962); United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985); FED.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
ONE PARCEL OF REAL PROPERTY, Etc., Et Al., Defendants, Ignacia Payan Angula, Claimant-Appellant
84-2591.
Court of Appeals for the Fifth Circuit.
Jun 17, 1985.
763 F.2d 181
Pena, McDonald, Prestía & Ibanez, L. Aron Pena, Edinburg, Tex., for claimant-appellant., Henry K. Oncken, U.S. Atty., James R. Gough, Frank A. Conforti and C.J. Calnan, Asst. U.S. Attys., for plaintiff-appellee.
Reavley, Politz, Higginbotham.
Cited by 90 opinions  |  Published
REAVLEY, Circuit Judge:

Ignacia Payan Angula appeals from entry of a default decree ordering the forfeiture of a parcel of real property owned by Angula to the United States. We reverse.

On July 6, 1984, the United States filed a sworn complaint for forfeiture against a parcel of real property. The complaint alleged that the property was proceeds traceable to exchanges of controlled substances and was, therefore, subject to forfeiture and seizure under 21 U.S.C. § 881(a) (1982). [1] On the same day, the district court issued a warrant of arrest, directing the marshal to seize the property.

Notices of the seizure were sent on July 6, 1984 to Frank Garcia, Emilio Payan, and Irene Navidad. At the time the United States filed its motion for a default decree of forfeiture, it believed that Garcia was the owner of the property. On appeal, the United States argues that all information available to it at the time it filed the complaint indicated that Payan and Navidad, apparently Angula’s son and daughter-in-law, were the owners of the property. Notice was also posted on the property, which was unoccupied at the time, on July 6 and published in a local newspaper on July 11.

The true owner of the property, however, was Angula. On June 24, 1983, Garcia transferred the property to Angula through a warranty deed which was properly recorded the same day. The United States does not explain why it was unable to determine who was the proper owner of the property.

On August 8, 1984, the United States moved the court for a default decree, stating that proper notice had been given and[*183] that no timely claims had been filed. [2] On August 27, 1984, Angula filed a motion for leave to file a sworn claim. Angula asserted that she was the owner of the property, attaching certified copies of the deed and recording, that she never received notice of the forfeiture proceeding, and that the property was not subject to forfeiture. On October 11, 1984, the district court entered a default decree, thereby denying Angula’s motion for leave to file a claim.

On appeal, Angula argues that the district court erred in entering the default decree because the United States failed to give her proper notice of the forfeiture proceeding and because the United States never proved that she acquired the property with proceeds from transactions in controlled substances. Interpreting her motion for leave to file a sworn claim as a motion to set aside an entry of default under Fed.R.Civ.P. 55, see In re Maqouirk, 693 F.2d 948, 951 (9th Cir.1982) (motion for extension of time to file complaint in bankruptcy compared to motion to set aside default judgment); Meehan v. Snow, 652 F.2d 274, 276 (2d Cir.1981) (opposition to motion for a default judgment treated as a motion to set aside entry of default despite absence of a formal motion), we agree with Angula that the default decree must be set aside.

Fed.R.Civ.P. 55(c) provides that default decrees may be set aside if the party seeking relief shows good cause. The decision to set aside a default decree lies within the sound discretion of the district court. Traquth v. Zuck, 710 F.2d 90, 94 (2d Cir.1983). However, because modern federal procedure favors trials on the merits, “[a]n abuse of discretion need not be glaring to justify reversal.” Keegel v. Key West & Caribbean Trading Co., 627 F.2d 372, 373-74 (D.C.Cir.1980). In determining whether to set aside a default decree, the district court should consider whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented. Meehan v. Snow, 652 F.2d at 277. Although a motion to set aside a default decree under Fed.R.Civ.P. 55(c) is somewhat analogous to a motion to set aside a judgment under Fed.R.Civ.P. 60(b), the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect. Id. at 276.

Here, the record does not indicate and the government does not argue that Angula’s failure to file a claim and answer within the time limits was willful. By the time Angula heard of the forfeiture proceeding, the time limit for filing a claim had passed. Furthermore, soon after she learned of the proceeding, Angula, through retained counsel, filed several documents opposing the forfeiture proceeding. Although the first two documents were deficient for various reasons and the third, the motion for leave to file a claim, was untimely, there was no evidence that Angula acted willfully in failing to assert her opposition to the forfeiture proceeding once she became aware of it.

Furthermore, there is no evidence in the record that the United States will be prejudiced if the default decree is set aside. That setting aside the default would delay forfeiture of the property if the government were to succeed at trial or would require the government to litigate the action is insufficient prejudice to require the default decree to stand. See Keegel v. Key West & Caribbean Trading Co., 627 F.2d at 374.

Finally, Angula’s motion obtusely contains a meritorious defense. In her motion and attached deed and recording, Angula proves that she is the owner of the property. The United States’ complaint and motion for default, at most, allege that Garcia, Payan, and Navidad acquired the property with proceeds from exchanges in controlled[*184] substances. The government made no allegation that Angula obtained the property with such proceeds. Absent such an allegation and proof, forfeiture of the property as against Angula is not proper. See 21 U.S.C. § 881(a)(6) (1982).

In sum, on the record before us, the default was not willful, the United States will not be prejudiced if the default decree is set aside, and Angula alleges a meritorious defense. Therefore, because there is no reason to deny Angula a chance to assert her claim, it was an abuse of discretion to refuse to set aside the decree. See Keegel v. Key West & Caribbean Trading Co., 627 F.2d at 374. Accordingly, we reverse the entry of the default and remand with directions to grant Angula’s motion for leave to file a claim.

REVERSED and REMANDED.

1

. In relevant part, 21 U.S.C. § 881(a) (1982) reads:

The following shall be subject to forfeiture to the United States and no property right shall exist in them:
* * * * * *
(6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this subchapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this subchapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.
2

. Supplemental Rule for Certain Admiralty and Maritime Claims C(6), which governs this forfeiture proceeding, 21 U.S.C. § 881(b) (1982), provides that a claimant must file a claim within ten days after process has been served and serve an answer within twenty days of the filing of the claim.