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.
Title: Exploring New York Motion to Set Aside Entry of Default and Default Judgment: Types and Detailed Descriptions Introduction: In New York, a Motion to Set Aside Entry of Default and Default Judgment serves as an essential legal remedy for parties seeking to challenge default judgments. This article delves into the different types of motions available in New York and provides a detailed description of each, helping readers grasp the nuances and requirements involved. 1. Standard Motion to Set Aside Entry of Default: The Standard Motion to Set Aside Entry of Default is typically filed by a defendant who has failed to respond to a complaint within the required time frame. This motion allows the defendant to request that the court vacate the entry of default and allow them to proceed with a defense. Keywords: New York, Motion to Set Aside Entry of Default, standard, defendant, response, complaint, vacate, defense. 2. Motion to Set Aside Default Judgment for Jurisdictional Errors: This type of motion is appropriate when a default judgment has been granted against a party due to an inherent lack of jurisdiction. It enables the defendant to argue that the court did not have the lawful authority to hear the case, rendering the default judgment invalid. Keywords: New York, Motion to Set Aside Default Judgment, jurisdictional errors, default judgment, defendant, lack of jurisdiction, invalid. 3. Motion to Set Aside Default Judgment for Excusable Default: A Motion to Set Aside Default Judgment for Excusable Default allows the defendant to challenge a default judgment on the grounds of "excusable neglect" or other valid reasons. These reasons typically include unforeseen circumstances such as personal emergencies or inability to meet legal obligations. Keywords: New York, Motion to Set Aside Default Judgment, excusable default, default judgment, defendant, excusable neglect, unforeseen circumstances. 4. Motion to Set Aside Default Judgment for Lack of Notice: If a defendant can show that they did not receive proper notice regarding the lawsuit, they can file a Motion to Set Aside Default Judgment for Lack of Notice. This motion aims to invalidate the default judgment, arguing that the defendant did not have a fair opportunity to present their case. Keywords: New York, Motion to Set Aside Default Judgment, lack of notice, default judgment, defendant, proper notice, fair opportunity, present case. Conclusion: Understanding the nuances and types of motions available in New York when seeking to set aside an entry of default and default judgment is crucial for individuals engaged in legal disputes. By familiarizing themselves with the various motions, related keywords, and the specific circumstances under which they are most applicable, parties can effectively navigate the legal process and protect their rights.
