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.
Illinois Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect A Motion to Vacate or Set Aside Entry of Default and Default Judgment is a legal process available in Illinois for individuals who have had a default judgment entered against them due to a mistake, inadvertence, surprise, or excusable neglect. This motion allows the party to request the court to set aside the default judgment and give them an opportunity to present their defense. In Illinois, there are different types of motions to vacate or set aside entry of default and default judgment due to various circumstances: 1. Mistake: If the default judgment was the result of a mistake, such as a clerical error or miscommunication, the affected party can file a motion to vacate. This can help rectify any unintended consequences and allow for a proper resolution of the case based on the merits. 2. Inadvertence: Sometimes, a default judgment occurs due to inadvertent actions, like missing a court date or failing to respond to a lawsuit. In such cases, the party can file a motion to set aside the default judgment by demonstrating that their failure to respond was unintentional. 3. Surprise: If a party was caught by surprise and was unable to respond to a lawsuit within the prescribed time frame, they can file a motion to set aside the default judgment. This may happen when the party was unaware of the lawsuit or was unable to defend themselves adequately due to unforeseen circumstances. 4. Excusable Neglect: The court may set aside a default judgment if the party can demonstrate that their failure to respond was due to excusable neglect. This typically requires showing a valid reason for the neglect, such as illness, family emergency, or other circumstances beyond their control. When filing a motion to vacate or set aside entry of default and default judgment in Illinois, it is vital to include relevant evidence and legal arguments supporting the claim of mistake, inadvertence, surprise, or excusable neglect. The motion should be filed promptly after discovering the default judgment and should address the specific circumstances of the default. It is important to consult with an experienced attorney familiar with Illinois civil procedure and motion practice to ensure that the motion is properly drafted, and all necessary legal requirements are met. They can help assess the strength of your case and guide you through the process, increasing your changes of successfully setting aside the default judgment and obtaining a fair opportunity to present your defense.Illinois Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect A Motion to Vacate or Set Aside Entry of Default and Default Judgment is a legal process available in Illinois for individuals who have had a default judgment entered against them due to a mistake, inadvertence, surprise, or excusable neglect. This motion allows the party to request the court to set aside the default judgment and give them an opportunity to present their defense. In Illinois, there are different types of motions to vacate or set aside entry of default and default judgment due to various circumstances: 1. Mistake: If the default judgment was the result of a mistake, such as a clerical error or miscommunication, the affected party can file a motion to vacate. This can help rectify any unintended consequences and allow for a proper resolution of the case based on the merits. 2. Inadvertence: Sometimes, a default judgment occurs due to inadvertent actions, like missing a court date or failing to respond to a lawsuit. In such cases, the party can file a motion to set aside the default judgment by demonstrating that their failure to respond was unintentional. 3. Surprise: If a party was caught by surprise and was unable to respond to a lawsuit within the prescribed time frame, they can file a motion to set aside the default judgment. This may happen when the party was unaware of the lawsuit or was unable to defend themselves adequately due to unforeseen circumstances. 4. Excusable Neglect: The court may set aside a default judgment if the party can demonstrate that their failure to respond was due to excusable neglect. This typically requires showing a valid reason for the neglect, such as illness, family emergency, or other circumstances beyond their control. When filing a motion to vacate or set aside entry of default and default judgment in Illinois, it is vital to include relevant evidence and legal arguments supporting the claim of mistake, inadvertence, surprise, or excusable neglect. The motion should be filed promptly after discovering the default judgment and should address the specific circumstances of the default. It is important to consult with an experienced attorney familiar with Illinois civil procedure and motion practice to ensure that the motion is properly drafted, and all necessary legal requirements are met. They can help assess the strength of your case and guide you through the process, increasing your changes of successfully setting aside the default judgment and obtaining a fair opportunity to present your defense.
