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 Ohio, 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 a party who wants to challenge a default judgment entered against them. This motion allows the party to request the court to set aside the default judgment and provide an opportunity to defend their case. There are different types of scenarios that may warrant the filing of this motion. They are: 1. Mistake: If the default judgment was entered due to a mistake, such as a clerical error, a faulty service of process, or a misunderstanding of court procedures, a party can file a motion claiming that the default judgment was improperly granted. 2. Inadvertence: If the entry of default and default judgment occurred inadvertently, meaning it was a result of unintentional oversight or neglect, a party can file a motion to set aside the default judgment. For example, if the party failed to respond to the lawsuit due to a legitimate reason like a serious illness or family emergency, they may argue that their inadvertent neglect should be excused. 3. Surprise: In certain cases, a party may claim that they were surprised by the entry of default and default judgment because they were not properly notified or had no knowledge of the lawsuit. This situation can arise when a party fails to receive notice of the lawsuit or was not properly informed about the legal proceedings. 4. Excusable Neglect: This type of motion can be filed when a party can show that their failure to timely respond to the lawsuit was due to excusable neglect. Excusable neglect generally refers to reasonable and justifiable grounds for not complying with court deadlines, such as the party's reliance on the advice of their attorney, a misunderstanding of the lawsuit's significance, or a situation where the party was unable to comply due to circumstances beyond their control. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect in Ohio, it is crucial to follow the applicable court rules and procedures. The party must provide a detailed explanation supporting their claim and provide any necessary supporting evidence, such as affidavits, witness statements, or documentation proving the grounds for setting aside the default judgment. It is important to note that the success of such a motion depends on various factors, including the merits of the case, the reason for the default judgment, and the judge's discretion. Therefore, seeking the guidance of an experienced attorney can greatly improve the chances of a successful outcome in these matters.
