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.
In the legal system of Kentucky, a Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal remedy that allows a party to challenge a default judgment entered against them due to certain circumstances. This motion enables the party to seek relief from the judgment by presenting evidence that supports a valid reason for setting it aside. In Kentucky, there are various types of Motions to Vacate or Set Aside Entry of Default and Default Judgment that can be filed based on different grounds. These include: 1. Mistake: A party may file a motion based on the grounds of mistake if they can demonstrate that there was a genuine error or misunderstanding which resulted in their failure to respond to the lawsuit within the required time period. The mistake should be significant enough to warrant the court's consideration and potential reversal of the default judgment. 2. Inadvertence: Inadvertence refers to an accidental oversight or failure to take appropriate action. If a party can prove that their failure to respond to the lawsuit was due to an unintentional error or omission, they may seek to set aside the default judgment based on this ground. 3. Surprise: If a party can show that they were genuinely surprised by the lawsuit, such as not receiving proper notice or being unaware of the legal proceedings, they may file a motion to vacate the default judgment on the basis of surprise. This ground requires the party to demonstrate that they were unable to properly defend themselves due to the element of surprise. 4. Excusable Neglect: Excusable neglect involves situations where a party's failure to respond to the lawsuit was attributable to a reasonable excuse or legitimate factors beyond their control. This ground typically requires the court to evaluate whether the neglect was understandable and justifiable under the given circumstances. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect in Kentucky, it is crucial to provide supportive evidence, such as affidavits, documents, or witness testimony, to substantiate the claimed grounds. It is also advisable to consult an attorney who specializes in civil litigation to ensure the proper procedure is followed and the arguments are effectively presented in court.
