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.
Connecticut Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal remedy available to a party who has been subjected to a default judgment due to specific reasons mentioned in the motion. This motion is filed in the Connecticut court system to request the court to overturn or set aside a default judgment. Mistake, inadvertence, surprise, or excusable neglect are the key grounds on which a party can base their motion to vacate or set aside a default judgment in Connecticut. Let's explore each ground in detail: 1. Mistake: This ground refers to situations where a party demonstrates an error or mistake in the legal process that led to the default judgment being entered against them. It could include mistakes in communication, filing deadlines, or other procedural errors that resulted in the failure to respond to the lawsuit. 2. Inadvertence: Inadvertence focuses on situations where a party unintentionally failed to respond to the lawsuit within the prescribed time frame, resulting in a default judgment being entered. It may arise from a lack of awareness or understanding regarding the requirements or deadlines in legal proceedings. 3. Surprise: Surprise pertains to situations where a party was unexpectedly caught off guard by the entry of default judgment due to unforeseen circumstances. This could include situations where the party did not receive proper notice of the lawsuit or where they were misled by the opposing party. 4. Excusable Neglect: Excusable neglect refers to situations where a party failed to respond to the lawsuit within the required time frame due to reasonable causes beyond their control. Examples may include unavoidable circumstances such as illness, accident, or other emergencies that prevented timely action. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, it is crucial to provide a detailed explanation of the grounds relied upon, accompanied by supporting evidence whenever possible. This evidence may include documents, records, or affidavits that substantiate the claimed mistake, inadvertence, surprise, or excusable neglect. It is recommended to seek legal counsel in Connecticut to ensure the motion is properly drafted and filed, adhering to all necessary legal procedures. The court will consider the merits of the motion and evaluate the likelihood of success on the chosen grounds. Successful motions may result in the default judgment being vacated or set aside, allowing the party to continue defending their case on its merits.Connecticut Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal remedy available to a party who has been subjected to a default judgment due to specific reasons mentioned in the motion. This motion is filed in the Connecticut court system to request the court to overturn or set aside a default judgment. Mistake, inadvertence, surprise, or excusable neglect are the key grounds on which a party can base their motion to vacate or set aside a default judgment in Connecticut. Let's explore each ground in detail: 1. Mistake: This ground refers to situations where a party demonstrates an error or mistake in the legal process that led to the default judgment being entered against them. It could include mistakes in communication, filing deadlines, or other procedural errors that resulted in the failure to respond to the lawsuit. 2. Inadvertence: Inadvertence focuses on situations where a party unintentionally failed to respond to the lawsuit within the prescribed time frame, resulting in a default judgment being entered. It may arise from a lack of awareness or understanding regarding the requirements or deadlines in legal proceedings. 3. Surprise: Surprise pertains to situations where a party was unexpectedly caught off guard by the entry of default judgment due to unforeseen circumstances. This could include situations where the party did not receive proper notice of the lawsuit or where they were misled by the opposing party. 4. Excusable Neglect: Excusable neglect refers to situations where a party failed to respond to the lawsuit within the required time frame due to reasonable causes beyond their control. Examples may include unavoidable circumstances such as illness, accident, or other emergencies that prevented timely action. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, it is crucial to provide a detailed explanation of the grounds relied upon, accompanied by supporting evidence whenever possible. This evidence may include documents, records, or affidavits that substantiate the claimed mistake, inadvertence, surprise, or excusable neglect. It is recommended to seek legal counsel in Connecticut to ensure the motion is properly drafted and filed, adhering to all necessary legal procedures. The court will consider the merits of the motion and evaluate the likelihood of success on the chosen grounds. Successful motions may result in the default judgment being vacated or set aside, allowing the party to continue defending their case on its merits.
