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.
A Vermont Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal process that allows a party to challenge a default judgment that has been entered against them in a court case. This motion is typically filed when a party believes that the entry of default and subsequent default judgment were the result of a mistake, inadvertence, surprise, or excusable neglect. In Vermont, there are different types of motions to vacate or set aside entry of default and default judgment due to the aforementioned reasons. These include: 1. Motion to Vacate Due to Mistake: This type of motion is filed when a party can demonstrate that the entry of default and default judgment were due to a mistake, such as the failure to properly respond to the lawsuit or the failure to appear in court. 2. Motion to Vacate Due to Inadvertence: If a party can show that the entry of default and default judgment were the result of inadvertence, such as the failure to properly calendar or track court dates, they can file this motion. 3. Motion to Vacate Due to Surprise: This type of motion is applicable when a party believes that they were taken by surprise, resulting in the entry of default and default judgment. For example, if important documents or evidence were withheld by the opposing party until after the default judgment was entered. 4. Motion to Vacate Due to Excusable Neglect: When a party can provide a valid reason for their failure to respond to the lawsuit or appear in court, they can file a motion to vacate due to excusable neglect. Valid reasons may include illness, emergency, or other unavoidable circumstances. When filing a Vermont Motion to Vacate or Set Aside Entry of Default and Default Judgment, it is important to carefully follow the procedural rules and deadlines set by the court. The motion should include a detailed explanation of why the default judgment should be set aside based on the relevant grounds mentioned above. It is essential to provide any supporting evidence, documents, or affidavits that can strengthen the argument. In conclusion, a Vermont Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal tool available to parties who believe that their default judgment was entered unfairly or mistakenly. By filing the appropriate motion with a strong and valid argument, parties have the chance to have the default judgment set aside and present their case on its merits.
