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 sample motion for default judgment is a legal document filed by the plaintiff in a court case when the defendant fails to respond or appear within the required time frame. This motion requests the court to enter a judgment in favor of the plaintiff due to the defendant's default, meaning their failure to participate in the case. The purpose of a motion for default judgment is to seek a resolution when the defendant shows neglect or ignorance toward the legal proceedings. By filing this motion, the plaintiff acknowledges that they have fulfilled all necessary requirements in serving the defendant with the initial complaint and giving them sufficient time to respond. There are different types of motions for default judgment, depending on the nature of the case and the jurisdiction. Some common types of default judgments include: 1. Default judgment for failure to appear: This type of motion is filed when the defendant fails to appear for the court hearing or fails to file an answer in response to the complaint within the specified time. 2. Default judgment for failure to plead or respond: Here, the defendant may have been properly served with the complaint but fails to file a pleading or respond to the allegations within the designated time period. 3. Default judgment for failure to comply with court orders: In this scenario, the defendant has not complied with a court order, such as providing requested documents, attending depositions, or meeting other legal obligations. 4. Default judgment for failure to pay: Commonly seen in cases involving debt collection or breach of contract, this type of motion is filed when the defendant fails to pay a debt or fulfill payment obligations outlined in a contract. 5. Default judgment for failure to file required documents: This motion may be used when the defendant fails to file necessary documents required by the court, such as a response to interrogatories or requests for admissions. When preparing a motion for default judgment, it is vital to include relevant details related to the case, such as dates of service, proof of proper notification, and evidence supporting the plaintiff's claims. Keyword phrases to consider while writing the document could include "default judgment," "motion for default judgment," "failure to appear," "failure to plead," "failure to comply," "judgment for failure to pay," "judgment for failure to file," and the particular legal jurisdiction governing the case.
