Sample Motion To Vacate Order Georgia
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Free Preview Example Of Motion To Vacate Order Of Default Maryland
Description Motion For Order Setting Aside Default Vacating Default Judgmentin North Carolina
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.
- View Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process
- View Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
- View Stipulation for Setting Aside Default Judgment and Permitting Answer
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Motion To Vacate Form Form Popularity
Motion To Vacate Order Of Default Maryland Other Form Names
Vacate Default Judgment Ny FAQ
How do I get a Judgement set aside?
How do I vacate a default Judgement in Georgia?
How do you set aside a Judgement?
How do I file a motion to vacate default Judgement in NJ?
When can a court set aside its own judgment?
What is a 473 motion?
How much does it cost to set aside a Judgement?
How do you get a default Judgement removed?
How do I file a motion to set aside default judgment in California?
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