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.
Florida Motion to Set Aside Entry of Default and Default Judgment: A Comprehensive Guide In Florida's judicial system, when a party fails to respond to a legal action or fails to appear in court, an Entry of Default and Default Judgment may be issued against them. However, Florida law provides an opportunity for the defaulting party to request the court to set aside the entry of default and default judgment through a Motion to Set Aside. A Motion to Set Aside Entry of Default and Default Judgment is a legal document submitted by the defaulting party requesting the court to vacate the default judgment entered against them. This motion serves as a plea to the court, asking to reopen the case so the defaulting party can present their defense or provide reasons for their failure to respond or appear initially. There are two primary types of Florida Motions to Set Aside Entry of Default and Default Judgment: 1. Motion to Set Aside Entry of Default: This motion is filed when the defaulting party intends to challenge the entry of default against them. In this motion, the party typically provides justifiable reasons for their failure to respond, such as excusable neglect, mistake, or any other valid cause permitted by Florida law. The defaulting party must convince the court that there is a valid reason to allow them to present their defense. 2. Motion to Set Aside Default Judgment: This motion is used when the defaulting party is seeking to contest the default judgment that has already been entered against them. The defaulting party must provide sufficient grounds, such as improper service of process, lack of jurisdiction, mistake, or any other statutory basis, to persuade the court to set aside the judgment and reopen the case for further proceedings. Both types of motions require the defaulting party to provide detailed supporting documentation, affidavits, or sworn statements along with their arguments to bolster their case. Relevant evidence, such as proof of a meritorious defense or excusable neglect, can be crucial in establishing a strong basis for the court to grant the motion. It is important to note that filing a Motion to Set Aside Entry of Default and Default Judgment has certain statutory deadlines and procedural requirements in Florida. The defaulting party should promptly file the motion after becoming aware of the default or within a reasonable period, as determined by the court. If the court grants the Motion to Set Aside Entry of Default and Default Judgment, it essentially sets aside the previous default and judgment as if they never existed. The case is then reactivated, allowing the defaulting party to participate and present their defense or arguments. In conclusion, a Florida Motion to Set Aside Entry of Default and Default Judgment is a legal tool available to defaulting parties who can demonstrate valid reasons or grounds for their failure to respond or appear. Whether it is a Motion to Set Aside Entry of Default or a Motion to Set Aside Default Judgment, thorough preparation, compliance with procedural requirements, and proper presentation of supporting evidence are crucial for increasing the chances of success.
