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 Entry of Default and Default Judgment in Georgia can be filed when a party believes there was a mistake, inadvertence, surprise, or excusable neglect that led to the entry of default and default judgment. This motion allows the party to request the court to annul or undo the default judgment and provide an opportunity to present their case. In Georgia, there are different types of motions that can be used to challenge a default judgment. These include: 1. Motion to Vacate Entry of Default: This motion can be filed when a default has been entered against a party due to their failure to timely respond to a lawsuit or court proceedings. The party must show good cause for their failure to respond and provide valid reasons for the court to set aside the default entry. 2. Motion to Set Aside Default Judgment: If a default judgment has already been entered against a party, they can file a motion to set it aside. This motion requires the party to demonstrate mistake, inadvertence, surprise, or excusable neglect as the basis for their failure to defend the case in a timely manner. 3. Motion to Vacate Default Judgment: This motion is applicable when a default judgment has been entered against a party due to their failure to respond. The party must show that there was a mistake, inadvertence, surprise, or excusable neglect that caused them to miss the opportunity to defend themselves in court. 4. Motion for Relief from Judgment: In cases where a default judgment has already been entered, a motion for relief from judgment can be filed. This motion is governed by Georgia Code Section 9-11-60 and allows a party to seek relief on various grounds, including mistake, inadvertence, surprise, or excusable neglect. When preparing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, it is essential to include the relevant facts, explain the mistake or neglect that occurred, and provide supporting evidence if available. It is also important to cite the specific Georgia Code sections that govern these motions. Seeking professional legal advice is recommended to ensure the motion is properly drafted and presented.A Motion to Vacate or Set Aside Entry of Default and Default Judgment in Georgia can be filed when a party believes there was a mistake, inadvertence, surprise, or excusable neglect that led to the entry of default and default judgment. This motion allows the party to request the court to annul or undo the default judgment and provide an opportunity to present their case. In Georgia, there are different types of motions that can be used to challenge a default judgment. These include: 1. Motion to Vacate Entry of Default: This motion can be filed when a default has been entered against a party due to their failure to timely respond to a lawsuit or court proceedings. The party must show good cause for their failure to respond and provide valid reasons for the court to set aside the default entry. 2. Motion to Set Aside Default Judgment: If a default judgment has already been entered against a party, they can file a motion to set it aside. This motion requires the party to demonstrate mistake, inadvertence, surprise, or excusable neglect as the basis for their failure to defend the case in a timely manner. 3. Motion to Vacate Default Judgment: This motion is applicable when a default judgment has been entered against a party due to their failure to respond. The party must show that there was a mistake, inadvertence, surprise, or excusable neglect that caused them to miss the opportunity to defend themselves in court. 4. Motion for Relief from Judgment: In cases where a default judgment has already been entered, a motion for relief from judgment can be filed. This motion is governed by Georgia Code Section 9-11-60 and allows a party to seek relief on various grounds, including mistake, inadvertence, surprise, or excusable neglect. When preparing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, it is essential to include the relevant facts, explain the mistake or neglect that occurred, and provide supporting evidence if available. It is also important to cite the specific Georgia Code sections that govern these motions. Seeking professional legal advice is recommended to ensure the motion is properly drafted and presented.
