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.
Iowa Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal remedy available in Iowa that allows a party to request the court to reconsider or overturn a default judgment that was entered against them due to certain specified reasons. These motions are typically filed when a default judgment has been entered against a party without their knowledge or due to some form of neglect, mistake, surprise, or inadvertence. In Iowa, there are various types of motions to vacate or set aside entry of default and default judgment, each with specific grounds and requirements. Some of these types include: 1. Motion to Vacate Entry of Default: This motion is filed when a default judgment has been entered against a party due to their failure to timely respond to a lawsuit. The motion seeks to have the court set aside the default entry, enabling the party to defend the case on its merits. 2. Motion to Vacate Default Judgment: This motion is filed to have the court set aside a default judgment that was entered against a party due to their failure to respond to a lawsuit. The motion argues that the default judgment should be vacated because it was entered erroneously or unfairly. 3. Motion to Set Aside Entry of Default and Default Judgment: This motion combines both the request to set aside the entry of default and the default judgment. It aims to undo both the default and the subsequent judgment, allowing the party to participate in the proceedings and present their defense. To successfully file a motion to vacate or set aside entry of default and default judgment in Iowa, certain criteria must be met. These include demonstrating that the default or default judgment was a result of mistake, inadvertence, surprise, or excusable neglect, and providing valid reasons for the court to consider setting aside the judgment. The party filing the motion must also show a meritorious defense, indicating that they have a reasonable chance of success if given the opportunity to litigate the case on its merits. It is crucial to note that specific legal procedures and time limits apply when filing these motions in Iowa. Proper legal representation or consultation with an attorney is highly recommended to effectively navigate the complex legal requirements and increase the chances of success.
