Colorado Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

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Multi-State
Control #:
US-01530BG
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Word; 
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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;


" the presence of material issues of fact;


" the presence of a meritorious defense to the claim;


" the significance of the interests at stake, including, but not limited to, the amount of money involved;


" whether the failure to answer was intentional or willful or the result of conscious indifference;


" whether party or counsel bears responsibility for default; and


" the availability of less drastic sanctions.

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  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
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FAQ

Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Failure to appear on any date set for trial shall be grounds for entering a default and judgment thereon against the non-appearing party. For good cause shown, the court may set aside an entry of default and the judgment entered thereon in ance with Rule 360.

Inexcusable neglect is when someone fails to do something they were supposed to do, and there is no good reason for it. It's not just a mistake or forgetfulness, but a serious and unjustifiable failure to take care of something or someone.

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.

Examples of excusable neglect include: Illness that disables the party from responding or appearing in court. Failure to respond because you relied on your attorney to do so. Failure to appear at trial because you relied on misinformation provided by a court officer.

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.

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Colorado Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect