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.
A Louisiana Motion to Set Aside Entry of Default and Default Judgment is a legal document filed by a party who wishes to have a default judgment previously entered against them vacated by the court. This motion allows the party to dispute the entry of default and subsequent judgment, alleging factors or circumstances that justify setting it aside. In Louisiana, there are a few different types of motions that can be filed to set aside the entry of default and default judgment. These include: 1. Motion to Declare Default Judgments Null: This motion is used when a party believes that the default judgment entered against them is invalid due to procedural irregularities, improper service of process, or any other legal grounds for nullifying the judgment. 2. Motion for Lack of Notice: This motion is filed when a party claims that they did not receive proper notification of the lawsuit or the opportunity to respond, leading to the entry of default and subsequent default judgment. The motion will outline the reasons why the party was unable to respond in a timely manner. 3. Motion for Good Cause: Louisiana law allows parties to seek relief from default judgments based on "good cause." This motion is filed when the party believes they have compelling reasons that justify setting aside the entry of default and default judgment. The motion must present convincing evidence or arguments to persuade the court to grant the requested relief. 4. Motion to Set Aside Default: This motion is utilized when a party wants to contest the entry of default, claiming that there was a mistake by both parties or any other valid reason for setting it aside. It highlights the reasons why default should not have been entered or why it should be reversed. When drafting a Louisiana Motion to Set Aside Entry of Default and Default Judgment, it is crucial to provide all relevant facts, legal arguments, and supporting evidence. It is essential to address the specific grounds under which the default judgment should be set aside and provide persuasive arguments to convince the court to grant the requested relief. By doing so, the party endeavors to have a fair opportunity to present their case on the merits rather than being adversely affected by the default judgment.
