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.
Title: Understanding Illinois Motion to Set Aside Entry of Default and Default Judgment Keywords: Illinois, motion to set aside entry of default, default judgment, types Introduction: In the Illinois legal system, a Motion to Set Aside Entry of Default and Default Judgment is a legal recourse available to parties who have been deemed in default in a civil case. This motion allows the defendant to request the court to vacate or set aside the entry of default and any subsequent default judgment rendered against them. This article will delve into the specifics of this motion, its purpose, and any notable types that exist under Illinois law. 1. Exploring the Purpose of an Illinois Motion to Set Aside Entry of Default and Default Judgment: When a defendant fails to respond to a lawsuit within the specified time frame, the plaintiff can request the court to enter a default judgment. This means that, by default, the plaintiff is awarded the relief sought in the lawsuit. However, the Illinois Motion to Set Aside Entry of Default and Default Judgment aims to provide a fair chance for the defendant to present their case by allowing them to challenge the default status and the resulting judgment. 2. Types of Illinois Motion to Set Aside Entry of Default and Default Judgment: a) Motion to Set Aside Entry of Default: This type of motion is filed when a defendant desires to challenge the entry of default against them. By proving valid reasons for their failure to respond timely, such as excusable neglect or a valid defense, the defendant seeks to set aside the entry of default and proceed with the case on its merits. b) Motion to Set Aside Default Judgment: If the court has already entered a default judgment against the defendant, a Motion to Set Aside Default Judgment is utilized to request the court to vacate the judgment. The defendant needs to present sufficient evidence demonstrating good cause, such as newly discovered evidence or improper service, to reopen the case and have the judgment reviewed. 3. Filing Requirements for an Illinois Motion to Set Aside Entry of Default and Default Judgment: To file a motion set aside entry of default or default judgment in Illinois, the defendant must adhere to certain requirements, including the following essential steps: a) Timeliness: The motion must be filed within 30 days from the entry of default or default judgment. Failing to do so may result in the court's denial of the motion based on untimeliness alone. b) Contents: The motion should be in writing, outlining the factual and legal grounds for setting aside the default or default judgment. Supporting documentation, affidavits, or exhibits may strengthen the motion's legitimacy. c) Service: The defendant must serve the motion on the opposing party or their legal counsel pursuant to the applicable Illinois rules of civil procedure. 4. Judicial Discretion and the Outcome of an Illinois Motion to Set Aside Entry of Default and Default Judgment: Ultimately, the court exercises its discretion when considering an Illinois Motion to Set Aside Entry of Default and Default Judgment. The judge assesses the facts, justifications, and any potential prejudice to the opposing party before granting or denying the motion. The party requesting to set aside the default or default judgment must provide convincing evidence and arguments to persuade the court to rule in their favor. Conclusion: The Illinois Motion to Set Aside Entry of Default and Default Judgment is a crucial legal tool for defendants facing default status and default judgments in civil cases. By understanding the purpose of this motion and its various types, it becomes possible to navigate the legal process more effectively and seek fairness in the resolution of legal disputes in Illinois courts.
