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.
In Michigan law, a Motion to Set Aside Entry of Default and Default Judgment is a legal request made by a party who wishes to have a default judgment overturned. When a defendant fails to respond to a complaint or fails to appear in court within a specified time frame, the plaintiff may request a default judgment, resulting in a judgment in their favor. However, if the defendant believes there are valid reasons for their failure to respond or appear, they can file a Motion to Set Aside Entry of Default and Default Judgment. One type of Motion to Set Aside Entry of Default is based on "Excusable Neglect." This type is applicable when a defendant can demonstrate that their failure to answer or appear was due to reasonable circumstances beyond their control, such as illness, accident, or some other valid reason. To request the court to set aside the entry of default, the defendant must present evidence supporting their claim of excusable neglect and show that they have a valid defense to the primary lawsuit. Another type of Motion to Set Aside Entry of Default is based on "Mistaken Identity." In this situation, a defendant argues that they were not properly served or that they were mistakenly identified in the complaint. This type of motion requires the defendant to prove that they were not properly notified of the lawsuit or that there was confusion regarding their identity, which led to the default judgment being entered. Additionally, a defendant may file a Motion to Set Aside Entry of Default and Default Judgment if they can demonstrate "Fraud, Misrepresentation, or Other Misconduct" by the opposing party. This type of motion asserts that the plaintiff engaged in deceptive conduct or misrepresented facts, leading to an unfair default judgment. The defendant must provide sufficient evidence of the fraudulent or misleading behavior committed by the plaintiff. Ultimately, successfully filing a Motion to Set Aside Entry of Default and Default Judgment in Michigan depends on the defendant's ability to prove their case by providing acceptable evidence and valid reasons for their failure to respond or appear. It is crucial to consult with a knowledgeable attorney who specialized in Michigan civil procedure to handle the motion effectively and increase the chances of having the default judgment overturned.
