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.
A Guam Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to overturn a default judgment and entry of default that has been entered against them. This motion is typically filed when a party fails to respond to a lawsuit on time, resulting in a default judgment being entered against them. In Guam, there are several types of Motion to Vacate or Set Aside Entry of Default and Default Judgment motions depending on the circumstances: 1. Mistake: This motion is filed when there has been a mistake or error in the legal process that led to the entry of default judgment. It could be a mistake in the service of process, miscommunication, or any other factor that prevented the party from timely responding to the lawsuit. 2. Inadvertence: This type of motion is filed when the party's failure to respond to the lawsuit was due to an unintentional error or oversight. The party may have been unaware of the legal requirements or deadlines and thus failed to take appropriate action. 3. Surprise: If a party can demonstrate that they were surprised by the entry of default judgment due to unexpected circumstances or actions by the opposing party, they may file a motion to set aside the default judgment. This could include situations where the opposing party purposely withheld information or misled the party in some way. 4. Excusable Neglect: When a party's failure to respond to the lawsuit was due to reasonable circumstances beyond their control, such as illness, accident, or personal emergency, they may file a motion based on excusable neglect. This motion requests the court to set aside the default judgment and give the party an opportunity to present their case. When filing a Guam Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, it is crucial to provide detailed supporting evidence and legal arguments to convince the court of the need to overturn the default judgment. The party must demonstrate that they have a meritorious defense to the claims made against them and that there is a valid reason for their failure to respond within the specified time limits. It is important to consult with an experienced attorney in Guam who can guide and assist in preparing and filing the motion properly. Clarifying and explaining the specific circumstances that justify the request to vacate the default judgment will significantly increase the chances of a successful outcome in court.
