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.
A New Jersey Motion to Set Aside Entry of Default and Default Judgment is a legal process that allows a defendant to challenge a default judgment entered against them due to their failure to respond to a lawsuit or legal claim. In New Jersey, there are different types of motions that can be filed to set aside default and default judgment based on various circumstances. Some of these include: 1. Motion to Set Aside Default Judgment: This type of motion is filed when a defendant discovers that a default judgment has been entered against them due to their failure to respond to the lawsuit. The defendant can request the court to set aside the default judgment and allow them to present their defense, usually by showing a valid reason for failing to respond, such as excusable neglect or lack of proper notice. 2. Motion to Set Aside Entry of Default: This motion is filed when a defendant wants to challenge the entry of default against them. Entry of default occurs when the defendant fails to respond to the lawsuit or file any pleadings within the prescribed time frame. The defendant can request the court to set aside the entry of default and allow them to defend against the claims by presenting valid reasons for the default, such as a mistake, inadvertence, or excusable neglect. 3. Motion to Vacate Default Judgment: In some cases, a defendant may have a default judgment entered against them without their knowledge or due to improper service of process. A motion to vacate default judgment can be filed to request the court to nullify or invalidate the default judgment, considering the particular circumstances of the case. When filing a New Jersey Motion to Set Aside Entry of Default and Default Judgment, it is crucial to provide valid reasons supported by evidence to persuade the court to rule in favor of the defendant. These reasons may include excusable neglect, lack of proper notice, mistake, inadvertence, improper service, or any other credible ground that affected the defendant's ability to respond to the lawsuit in a timely manner. It is important to note that each case is unique, and the specific requirements to set aside entry of default and default judgment may vary. Consulting with an experienced attorney specializing in New Jersey civil procedure can provide valuable guidance and increase the chances of a successful motion to set aside entry of default and default judgment.
