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 Delaware Motion to Set Aside Entry of Default and Default Judgment is a legal process used by a party to request the court to overturn a default judgment entered against them. When a party fails to respond or defend a lawsuit within the specified time period, the court may enter a default judgment in favor of the plaintiff. However, the defendant may file a motion to set aside the default judgment if they can prove a valid reason for their failure to respond. There are different types of Delaware Motion to Set Aside Entry of Default and Default Judgment, including: 1. Mistaken Service: If the defendant can demonstrate that they did not receive proper notice of the lawsuit due to incorrect or improper service, they can request the court to set aside the default judgment. 2. Excusable Neglect: This type of motion is often filed when the defendant can show that their failure to respond was due to an honest mistake, oversight, or other valid reasons beyond their control. Excusable neglect requires the defendant to prove that they should not be held accountable for their failure to respond timely. 3. Lack of Jurisdiction: If the court lacks jurisdiction over the defendant or the subject of the lawsuit, the defendant can ask the court to set aside the default judgment on this basis. 4. Fraud or Misrepresentation: If the default judgment was obtained through fraud or misrepresentation, the defendant can file a motion to have the judgment overturned. 5. Newly Discovered Evidence: In certain cases, if the defendant discovers new evidence after the default judgment has been entered that could change the outcome of the case, they may file a motion to set aside the default judgment based on the newly discovered evidence. It is important to note that each case is unique, and the specific grounds for filing a Delaware Motion to Set Aside Entry of Default and Default Judgment may vary depending on the circumstances. Seeking legal advice or consulting with an attorney experienced in Delaware law is recommended to fully understand the requirements and options available in a particular case.
