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 Wisconsin Motion to Vacate or Set Aside the Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal process that allows a party to request the court to overturn a default judgment that has been entered against them, based on certain grounds specified in Wisconsin law. This motion enables individuals to effectively challenge default judgments that were obtained unfairly or due to unforeseen circumstances. In Wisconsin, there are different types of motions to vacate or set aside the entry of default and default judgment, each based on specific grounds: 1. Mistake: If a default judgment was entered due to a mistake made by either party or their legal representative, the aggrieved party can file a motion to vacate or set aside the judgment. This could include instances where incorrect information or evidence was presented, leading to an inaccurate ruling. 2. Inadvertence: If a default judgment resulted from an unintentional error or oversight, such as missing a court deadline or failing to respond to a lawsuit, the party can seek to have the judgment set aside. Inadvertence acknowledges that the individual did not purposefully neglect their legal obligations. 3. Surprise: If a default judgment was entered due to being caught off guard or taken by surprise by the legal proceedings, a party can file a motion to vacate or set aside the judgment. This could occur when the individual was not adequately notified or was unable to attend the court hearing due to unforeseen circumstances. 4. Excusable neglect: If a default judgment was entered due to a party's neglect or failure to undertake reasonable actions, but the negligence was excusable under the circumstances, a motion can be filed. Excusable neglect refers to situations where the party had a valid reason for not responding to the lawsuit or meeting court deadlines, such as illness or unavoidable personal circumstances. To file a motion to vacate or set aside the entry of default and default judgment in Wisconsin, the party must generally submit a written motion to the court, clearly explaining the reasons for their request and providing supporting evidence if available. It is essential to adhere to the procedural rules and timelines outlined by Wisconsin law to ensure the motion is valid and considered by the court. In conclusion, a Wisconsin Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect provides an opportunity for individuals to challenge default judgments that were unfairly obtained or resulted from unexpected circumstances. By filing a motion based on the appropriate grounds, individuals can seek justice and have their cases reevaluated to ensure a fair outcome.
