Nebraska Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

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Multi-State
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US-01530BG
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Jayne Welch, Content Attorney and Legal Editor at US Legal Forms
Reviewed by
Jayne Welch
Content Attorney / Legal Editor, US Legal Forms

Description

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.

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FAQ

Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).

If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

For judgments and written contracts, there is a five-year statute of limitations. The following chart lists additional time limits for various civil actions in Nebraska.

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.

Examples of excusable neglect include: Illness that disables the party from responding or appearing in court. Failure to respond because you relied on your attorney to do so. Failure to appear at trial because you relied on misinformation provided by a court officer.

Under New York law, an excusable default exists when the defendant had a good reason for not showing up in court and has at least one good defense to the case against them.

In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.

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Nebraska Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect