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.
Maryland Motion to Set Aside Entry of Default and Default Judgment is a legal process undertaken by a defendant in a court case to request the court to repeal or vacate an order granting default judgment due to non-appearance or failure to respond within the specified timeframe. This motion allows the defendant to present valid reasons or grounds for setting aside the default judgment and to continue with the case. In Maryland, there are different types of motions to set aside entry of default and default judgment, including: 1. Motion to Set Aside Entry of Default: This type of motion is filed when a defendant fails to respond to a lawsuit within the required timeframe, resulting in the entry of a default against them. The defendant can file this motion to ask the court to undo the default entry and allow them to present their defense. 2. Motion to Set Aside Default Judgment: If a default judgment has been entered against a defendant, meaning the court has already decided the case in favor of the plaintiff due to the defendant's failure to respond, the defendant can file a motion to set aside the default judgment. This motion aims to reverse the court's decision and permit the defendant to present their case. 3. Motion for Good Cause: In some situations, a defendant may have a genuine reason or strong justification for their failure to respond within the required timeframe, such as lack of notice, illness, or mistaken belief that the case was resolved. In such cases, the defendant can file a motion to set aside entry of default and default judgment for good cause, explaining the circumstances that led to their non-compliance and requesting the court's leniency. 4. Motion for Excusable Neglect: If the defendant can provide a valid excuse for their failure to respond, such as mental incapacity, misinformation, or other justifiable reasons that prevented them from timely answering the lawsuit, they can file a motion to set aside the entry of default and default judgment based on excusable neglect. When filing a motion to set aside entry of default and default judgment in Maryland, it is crucial to follow the state's procedural rules and provide strong supporting legal arguments. The motion should include detailed facts, evidence, and any applicable legal authorities that demonstrate why the default should be set aside, and the defendant should be allowed to defend their case on its merits. It is advisable to consult with an experienced Maryland attorney familiar with the specific rules and procedures governing the set-aside process to ensure the best possible outcome in such situations.
