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.
In New Mexico, a Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal recourse available to parties who have received a default judgment against them due to certain circumstances. This motion allows the party to request the court to overturn the default judgment and reconsider the case based on valid reasons. There are different types of situations in which a party can file a Motion to Vacate or Set Aside Entry of Default and Default Judgment in New Mexico. These include: 1. Mistake: This type of motion can be filed if the default judgment was entered due to a mistake made by the party or their attorney. Mistakes could include errors in filing deadlines, incorrect information provided to the court, or misunderstandings. 2. Inadvertence: If the default judgment was entered because the party or their attorney unintentionally failed to respond within the required time frame, an inadvertence motion may be appropriate. This could occur due to oversight, miscommunication, or other unforeseen circumstances. 3. Surprise: If the party can demonstrate that they were genuinely surprised by the default judgment and not adequately informed or notified about the proceedings, they can file a motion based on surprise. This could occur if the party was unaware of the lawsuit or was unable to attend the court hearing. 4. Excusable Neglect: A motion based on excusable neglect can be filed when the default judgment was the result of neglect or failure to take appropriate action within the legal timeframe. This neglect must be excusable, meaning there is a valid reason for the party's failure to respond, such as illness, family emergency, or other unavoidable circumstances. To file a Motion to Vacate or Set Aside Entry of Default and Default Judgment in New Mexico, the party must adhere to specific procedural requirements. These include drafting a written motion outlining the grounds for vacating the default judgment, providing supporting evidence or documentation, and serving the motion on all relevant parties involved in the case. It's essential to consult with an experienced attorney familiar with New Mexico's legal procedures and the specific circumstances of the case to ensure the motion is properly prepared and filed.
