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.
A motion to set aside entry of default and default judgment in Connecticut is a legal request made by a party who has been adversely affected by a default order and subsequent default judgment. This motion is filed with the court in an effort to reverse or overturn the default judgment and allow the case to proceed based on its merits. In Connecticut, there are primarily two types of motions that can be filed to set aside entry of default and default judgment: 1. Motion to Set Aside Entry of Default: This motion is filed when a party fails to respond to a lawsuit within the required time frame, resulting in an entry of default against them. By filing this motion, the party aims to have the default entry removed, and typically provides reasons for their failure to respond in a timely manner. These reasons may include excusable neglect, mistake, or other valid justifications for the delay. 2. Motion to Set Aside Default Judgment: If the court has already entered a default judgment against a party due to their failure to respond or defend a lawsuit, this motion is filed to challenge and nullify that judgment. The party filing this motion must present strong grounds to set aside the default judgment, such as demonstrating that they have a valid defense to the claims made or showcasing a procedural error that affected the fairness of the judgment. Keywords: Connecticut, motion to set aside entry of default, motion to set aside default judgment, entry of default, default judgment, legal request, merits, court, reverse, overturn, lawsuit, respond, time frame, excusable neglect, mistake, justifications, challenge, nullify, grounds, valid defense, procedural error, fairness.
