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.
Maine Motion to Set Aside Entry of Default and Default Judgment is a legal process designed to cancel or overturn a default judgment entered against a party who failed to respond to a lawsuit within the required time frame. A default judgment occurs when the responding party fails to take necessary legal action or fails to appear in court, leading to a judgment in favor of the plaintiff. A motion to set aside entry of default and default judgment is often filed by the party against whom the default judgment was entered. It requests the court to reconsider the judgment and allow the party to present their defense. This motion aims to provide fairness and due process to both parties involved in the legal dispute. In the state of Maine, there are various types of motions to set aside entry of default and default judgment. Some of them include: 1. Maine Civil Procedure Rule 55 — Motion to Set Aside Entry of Default: This motion is filed by a defaulting party to request the court to remove the default entered against them. It typically highlights reasons such as mistake, excusable neglect, or lack of proper service of process. The court will consider factors such as timeliness of the motion and the likelihood of a meritorious defense. 2. Maine Civil Procedure Rule 60 — Motion to Set Aside Default Judgment: This motion is filed to vacate or overturn a default judgment already entered by the court. The party must demonstrate valid grounds, like mistake, excusable neglect, newly discovered evidence, fraud, or lack of jurisdiction. The court will evaluate the motion and determine if sufficient grounds exist to warrant setting aside the judgment. 3. Maine Rule of Small Claims Procedure 16 — Motion to Set Aside Default Judgment in Small Claims Court: In small claims cases, a motion to set aside default judgment allows the defendant to challenge a default judgment rendered against them due to failure to appear. The motion typically includes valid reasons for their absence, such as illness, unavoidable circumstances, or lack of proper notice. It is essential to consult with a qualified attorney in Maine when filing a motion to set aside entry of default and default judgment. An experienced lawyer can guide individuals through the necessary legal procedures and effectively argue for the motion to be granted, ensuring a fair resolution of the legal dispute.
