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 Pennsylvania Motion to Set Aside Entry of Default and Default Judgment is a legal document that enables a defendant to request the court to cancel or modify a default judgment that was previously entered against them due to their failure to respond or appear in court within the specified time frame. This motion offers an opportunity for the defendant to present valid reasons or legal arguments as to why the default judgment should be overturned. In Pennsylvania, there are different types of Motions to Set Aside Entry of Default and Default Judgment, which include: 1. Motion to Set Aside Entry of Default: This motion is used when a defendant seeks to have the entry of default removed from their case. It is typically filed when the defendant can demonstrate a valid excuse for their failure to timely respond, such as an incorrect or undelivered summons, lack of notice, or circumstances beyond their control that prevented them from participating in the legal proceedings. 2. Motion to Set Aside Default Judgment: This motion is filed when the defendant wishes to have the default judgment overturned, which is often a more complex and challenging process. To file this motion, the defendant needs to provide compelling reasons why the default judgment should be set aside. Valid reasons may include the defendant's lack of actual notice, mistake, excusable neglect, fraud, or other legally recognized grounds. 3. Motion to Vacate Default Judgment: This motion is similar to a Motion to Set Aside Default Judgment and is used interchangeably in some cases. It aims to request the court to cancel the default judgment due to errors or irregularities that transpired during the proceedings, such as improper service of process, lack of proper jurisdiction, or significant procedural defects. When filing a Motion to Set Aside Entry of Default and Default Judgment in Pennsylvania, it is crucial to provide detailed evidence supporting the reasons claimed in the motion. This may include affidavits, witness statements, documents, or any other relevant proof that can substantiate the defendant's argument. In conclusion, Pennsylvania's Motion to Set Aside Entry of Default and Default Judgment gives defendants a means to address default judgments resulting from their failure to respond or appear in court. By filing this motion, defendants have the opportunity to present justifiable reasons for overturning or modifying default judgments and potentially receive a fair chance to present their case.
