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 New Jersey Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to seek relief from a default judgment that was entered against them due to various reasons such as mistakes, inadvertence, surprise, or excusable neglect. This motion can be helpful for individuals or businesses who were unable to respond to a lawsuit in a timely manner and subsequently were issued a default judgment. In New Jersey, there are various types of motions that can be filed to vacate or set aside an entry of default and default judgment. These motions are generally categorized based on the reasons for seeking relief. Here are a few types: 1. Motion to Vacate Entry of Default: This motion is typically filed when a party has failed to respond to a lawsuit within the allotted time, resulting in an entry of default by the court. The party can request to have the entry of default removed to allow them to proceed with their defense. 2. Motion to Set Aside Default Judgment: If the court has already issued a default judgment against a party, they can file a motion to set it aside. This motion is often filed when a party has a valid reason for not responding to the lawsuit, such as mistake, inadvertence, surprise, or excusable neglect. 3. Motion for Relief Due to Mistake or Inadvertence: This motion is filed when a party can demonstrate that their failure to respond or defend the lawsuit was the result of a mistake or inadvertence. It may be due to factors like mail not reaching the party, miscommunication, or lack of legal representation. 4. Motion for Relief Due to Surprise: In certain situations, a party may be able to prove that they were surprised by the lawsuit or unaware of its existence. This could be due to factors like incorrect service of process or lack of notice. A motion for relief due to surprise seeks to set aside the default judgment on this basis. 5. Motion for Relief Due to Excusable Neglect: If a party can establish that their failure to respond to the lawsuit was due to excusable neglect, they can file a motion to vacate the default judgment. Excusable neglect refers to situations where there was a justifiable reason for the party's delay, such as illness, confusion, or personal emergencies. It is important to note that the specific requirements and procedures for filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect may vary depending on the jurisdiction. Therefore, it is advisable to consult with an attorney familiar with New Jersey's legal system to ensure compliance with the applicable rules and regulations.
