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 South Carolina Motion to Set Aside Entry of Default and Default Judgment is a legal procedure aimed at reversing a default judgment that has been entered against a party. This motion serves as a request to the court to vacate or set aside the default judgment and allow the party an opportunity to present their case. In South Carolina, there are generally two types of motions related to setting aside a default judgment: the Motion to Set Aside Entry of Default and the Motion to Set Aside Default Judgment. While these motions are similar in nature, they have slight differences in their purpose and process. The Motion to Set Aside Entry of Default is typically filed when a party fails to respond to a lawsuit within the specified time frame, resulting in an entry of default by the court. This motion is typically filed as soon as possible after the entry of default, and its purpose is to convince the court that there was a valid reason for the party's failure to respond, known as "good cause." Common reasons for seeking to set aside the entry of default include excusable neglect, mistake, fraud, or other valid reasons that prevented the party from filing a response within the required timeframe. The motion must be supported by a detailed affidavit outlining the circumstances that led to the default and providing any supporting evidence. On the other hand, a Motion to Set Aside Default Judgment is filed when a default judgment has already been entered against a party, following their failure to respond or appear in court. This motion is typically filed within a specific time period after the default judgment but is usually more challenging to succeed as the court has already made a final decision. To win such a motion, the party must generally demonstrate three key factors: (1) a valid reason for the failure to respond or appear, (2) a meritorious defense or counterclaim, and (3) diligent actions in promptly filing the motion after learning of the default judgment. It is important to note that South Carolina courts have broad discretion when deciding whether to grant or deny a motion to set aside the entry of default or default judgment. The court will consider various factors such as the overall equities of the case, the delay caused by the default, the potential prejudice to the opposing party, and the reasons provided by the party seeking to set aside the default. In conclusion, a South Carolina Motion to Set Aside Entry of Default and Default Judgment is a legal tool that allows a party to request the court to overturn a default judgment. The two main types of motions are the Motion to Set Aside Entry of Default and the Motion to Set Aside Default Judgment. These motions require proper documentation, persuasive arguments, and valid reasons to convince the court to grant relief and provide the party with an opportunity to present their case.
