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;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer was intentional or willful or the result of conscious indifference;
" whether party or counsel bears responsibility for default; and
" the availability of less drastic sanctions.
A North Carolina Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal action taken by a party who wants to challenge or undo a default judgment entered against them. This motion is filed with the court and seeks to have the default judgment set aside due to specific reasons such as mistakes, inadvertence, surprise, or excusable neglect. There are different types of North Carolina Motions to Vacate or Set Aside Entry of Default and Default Judgment, depending on the circumstances of the default judgment and the grounds for seeking its reversal. Some common types include: 1. Mistake: A party may file a motion based on a mistake that occurred during the proceedings or in the entry of the default judgment. For example, if there was an error in the service of process or if the wrong party was named in the lawsuit, a motion to vacate the default judgment can be filed. 2. Inadvertence: If a party failed to timely respond to the lawsuit or failed to take appropriate action due to an inadvertent error, they can file a motion to set aside the default judgment. Inadvertence refers to unintentional or accidental actions that led to the default. 3. Surprise: If a party claims that they were unaware of the lawsuit or were surprised by the entry of default judgment, they can file a motion to set it aside. Surprise can occur when the defendant did not receive proper notice of the lawsuit or had a legitimate reason to be unaware of the legal proceedings. 4. Excusable Neglect: This type of motion is filed when a party can demonstrate that their failure to respond or act was due to excusable neglect, which refers to reasonable, justifiable, or understandable circumstances that led to the default. For instance, if a party was dealing with a serious illness or faced unavoidable personal circumstances during the relevant time period, excusable neglect can be argued. To file a North Carolina Motion to Vacate or Set Aside Entry of Default and Default Judgment, the party must prepare a written motion that outlines the specific grounds for seeking relief, provides supporting evidence or affidavits, and includes legal arguments. It is crucial to follow the proper court procedures and deadlines when filing this motion to ensure a fair opportunity to contest the default judgment. Legal representation and consultation with an attorney familiar with North Carolina civil procedures is highly recommended navigating this process effectively.
