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.
Missouri Motion to Set Aside Entry of Default and Default Judgment can refer to a legal motion used in Missouri courts to request the reversal or setting aside of a default judgment and the entry of default in a civil case. When a defendant fails to respond or appear in court within the designated time frame, a plaintiff may request a default judgment, essentially winning the case by default. However, the defendant may file a Motion to Set Aside Entry of Default and Default Judgment to contest the default judgment and have it vacated. There are several types of Missouri Motions to Set Aside Entry of Default and Default Judgment, including: 1. Motion to Set Aside Entry of Default: This motion is filed when a defendant wants to challenge the entry of default, arguing that there was a valid reason for their failure to respond, such as excusable neglect, mistake, or inadvertence. In this motion, the defendant seeks to have the default entry removed, allowing them to proceed in the case. 2. Motion to Set Aside Default Judgment: This motion is used when a defendant wishes to challenge the default judgment itself. It asserts that the court's decision was wrongful, incorrect, or lacked proper legal basis. The defendant seeks to have the default judgment overturned or vacated, thereby reopening the case for further proceedings. 3. Motion to Vacate Default Judgment: This type of motion requests the court to cancel or nullify the default judgment already entered against the defendant. It may be filed based on various grounds, such as the defendant's lack of proper notice, fraud, mistake, or new evidence that was not available before the default judgment was entered. 4. Motion to Set Aside Default and Default Judgment Pursuant to Rule [X]: Rule-specific motions are filed when a defendant's situation falls within a particular rule or statute. These motions typically outline the specific rule or statute under which the defendant seeks relief from the default and default judgment. When filing any of these motions, it is crucial to provide a detailed explanation of why the default judgment or entry of default should be set aside and present supporting evidence. It is advisable to consult with an experienced attorney to ensure the motion is properly prepared and filed in accordance with Missouri court rules and procedures.
