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.
Kentucky Motion to Set Aside Entry of Default and Default Judgment: Explained with Relevant Keywords In Kentucky, a Motion to Set Aside Entry of Default and Default Judgment is a legal document that allows a party to request the court to vacate or cancel a default judgment that has been entered against them. Default judgments are usually issued when a party fails to respond to a lawsuit or fails to appear in court within the required time frame. The purpose of a Motion to Set Aside Entry of Default and Default Judgment is to provide an opportunity for the defendant to present their case or defense. It aims to ensure fairness and justice by preventing judgments from being made without considering the defendant's side of the story. Here are some essential keywords relevant to this topic: 1. Default Judgment: A judgment entered by the court in favor of the plaintiff when the defendant fails to respond within the specified time limit or fails to appear in court. 2. Motion to Set Aside: A formal request made by the defendant to the court, seeking to reverse or cancel a previously entered default judgment. 3. Entry of Default: The formal recording by the court clerk that the defendant has failed to respond within the prescribed timeframe, leading to the plaintiff's entitlement to seek a default judgment. 4. Vacate: To set aside or cancel a judgment or order, essentially treating it as if it never existed. Types of Kentucky Motions to Set Aside Entry of Default and Default Judgment: 1. Motion to Set Aside Entry of Default: This motion is filed when a defendant seeks to have the court remove the entry of default against them. It aims to reinstate the defendant's ability to present their defense and participate in the legal proceedings. 2. Motion to Set Aside Default Judgment: This motion is filed by a defendant who aims to have the court overturn a default judgment that has already been entered against them. It allows the defendant to challenge the judgment and present their case on the merits. Both types of motions generally require the defendant to demonstrate valid reasons for their failure to respond or appear in court, such as excusable neglect, mistake, or lack of proper notice. Additionally, the defendant needs to show a meritorious defense, meaning they have a legitimate claim or defense that, if proved, could change the outcome of the case. It's important to note that the specific procedures and requirements for filing a Motion to Set Aside Entry of Default and Default Judgment may vary depending on the jurisdiction or the specific circumstances of the case. Therefore, it is crucial to consult an attorney or legal professional familiar with Kentucky's laws to ensure the proper preparation and submission of the motion.
