Connecticut Motion to Set Aside Entry of Default and Default Judgment

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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FAQ

If you don't pay the judgment, the plaintiff can ask the court for an order called an execution to collect the money from you. Some types of income and assets are protected by law. The plaintiff has 10 years to collect the judgment.

Motions for orders of compliance (or motions to compel, as they are frequently called) are governed by Section 13-14 of the Connecticut Practice Book. As in many jurisdictions, judges in Connecticut generally prefer that parties and their counsel resolve discovery disputes without the need for judicial intervention.

Collection lawsuits have strict rules and if time deadlines are missed, a Default Judgment will be entered against you. Default Judgments can be reopened, but the procedures are precise and failure to act will leave you with no ability to challenge the Court Judgment in the future.

If, on the trial of any issue of fact in a civil action, the plaintiff has produced his evidence and rested his cause, the defendant may move for judgment as in case of nonsuit, and the court may grant such motion, if in its opinion the plaintiff has failed to make out a prima facie case.

Money judgments entered in Connecticut can be secured by filing a Judgment Lien on Connecticut real estate owned by the judgment debtor.

How long does a judgment lien last in Connecticut? A judgment lien in Connecticut will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or five years (liens on personal property).

These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...

(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written ...

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Connecticut Motion to Set Aside Entry of Default and Default Judgment