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 Virginia Motion to Set Aside Entry of Default and Default Judgment is a legal process through which a party seeks to overturn a default judgment entered against them in a civil case. When a defendant fails to respond to a lawsuit within the specified time frame, the plaintiff may request a default judgment, which means they automatically win the case without a trial or further legal proceedings. There are two main types of Virginia Motion to Set Aside Entry of Default and Default Judgment: 1. Motion to Set Aside Entry of Default: This type of motion is filed when a defendant wants to challenge the default judgment on the grounds that they were not properly served with the lawsuit or were unable to respond due to valid reasons, such as excusable neglect, mistake, or unavoidable circumstances. The defendant argues that the default judgment should be set aside because they had a valid defense and should be given an opportunity to present their case. 2. Motion to Set Aside Default Judgment: This type of motion is filed when a defendant wants to challenge the default judgment on the grounds of a legal error or mistake made by the court during the default judgment process. The defendant argues that the default judgment should be set aside because there was a procedural error, lack of jurisdiction, or a mistake in the application of the law, which resulted in an unjust outcome. When filing a Motion to Set Aside Entry of Default and Default Judgment in Virginia, it is crucial to ensure that all necessary elements are addressed, supported by relevant legal arguments, and accompanied by any required supporting documentation. The motion should clearly state the reasons for seeking relief from the default judgment and provide convincing evidence to support the defendant's claim. Keywords: Virginia, Motion to Set Aside Entry of Default, Default Judgment, civil case, default judgment process, legal proceedings, defendant, plaintiff, valid defense, excusable neglect, mistake, unavoidable circumstances, procedural error, lack of jurisdiction, legal error, application of the law, supporting documentation.
