Guam 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

Area Code for all phone numbers is "671" Court Web Sitewww.guamcourts.orgCourt eMailjustice@guamcourts.govClerk of Court475-3120/3162Staff Attorney475-3395Security Section475-31681 more row

Definitions of declaration of default a formal statement from a creditor (=someone owed money) that the debtor (=person owing money) has not done something they are obligated to do, suc as making payment.

The court fee for the Certificate of Search is $20.00. Should you require an e-copy of the court clearance, you will be charged an additional $1.00. Should you want the document mailed to you, you must provide your complete mailing address.

"(c) Effect of partial default. ? When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented.

Additionally, you will need to present a current and valid photo identification card, or attach a clear copy of a current and valid photo identification card to your email request. Requests received via email may take three to five business days to complete. The court fee for the Certificate of Search is $20.00.

In Guam, the judiciary has two general levels. The Territorial Superior Court is the trial court of general jurisdiction. The Supreme Court of Guam is the highest court.

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Guam Motion to Set Aside Entry of Default and Default Judgment