Set Aside Default Judgment Relief From Sanctions

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment

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FAQ

Call the clerk's office. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. The clerk will give you a date and time for the hearing. Make sure the hearing date is far enough away.

To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.

The court can set the judgment aside if the claim was properly served, but the defendant did not receive it. The defendant does not need to show they have a reasonable prospect of successfully defending the claim if they have another good reason to set the judgment aside.

If you don't owe the debt You can ask the court to set aside the CCJ by filling in form N244. You'll probably have to pay a fee for your case to be looked at again. If the court agrees that you don't owe the money, your CCJ will be removed from the Register. Removing the entry could take up to 4 weeks.

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

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Set Aside Default Judgment Relief From Sanctions