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 motion to vacate or set aside the entry of default and default judgment due to mistake, inadvertence, surprise, or excusable neglect is an important legal recourse available in West Virginia. This motion allows a party who has had a default judgment entered against them to seek relief by presenting valid reasons for their failure to respond in a timely manner. In West Virginia, there are different types of motions to vacate or set aside the entry of default and default judgment due to mistake, inadvertence, surprise, or excusable neglect, including: 1. Mistake: A motion based on mistake involves showing that the party's failure to respond was a result of an honest and unintentional error. This could be due to a misunderstanding of the legal process, confusion in receiving proper notice, or an inability to respond due to extenuating circumstances. 2. Inadvertence: When a default judgment results from inadvertence, it means the party unintentionally overlooked or neglected to respond to the legal action against them. This might occur due to oversight, lack of awareness, or a busy schedule that prevented timely action. 3. Surprise: If a party can demonstrate that they were genuinely surprised by the entry of default judgment, they may file a motion based on surprise. This could arise when the opposing party failed to properly serve or notify them of the lawsuit, leading to their failure to respond within the specified timeframe. 4. Excusable Neglect: Excusable neglect refers to situations where the party had a justifiable reason for their delay in responding to the legal action. This could include personal crises, unforeseen circumstances, or even reliance on erroneous legal advice. To successfully request the court to vacate or set aside an entry of default and default judgment in West Virginia, it is crucial to provide convincing evidence and persuasive arguments that support one or more of these factors. The party filing the motion must demonstrate that their failure to respond was a genuine mistake, result of inadvertence, a surprise beyond their control, or due to excusable neglect. It's important to consult with a knowledgeable attorney in West Virginia to guide you through the specific requirements and procedural aspects of filing a motion to vacate or set aside an entry of default and default judgment. They can help you navigate the legal process, gather the necessary evidence, and present it effectively in court to increase your chances of obtaining relief from the default judgment.
