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 Michigan Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to overturn a default judgment entered against them. This motion is typically filed when a party fails to respond to a complaint or fails to appear in court, resulting in a default judgment being entered against them. In Michigan, there are different types of motions that can be filed to vacate or set aside a default judgment due to various reasons such as mistake, inadvertence, surprise, or excusable neglect. 1. Mistake: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to mistake is filed when the party can prove that there was a genuine mistake made, either by themselves or their legal representative, which led to the default judgment being entered. 2. Inadvertence: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to inadvertence is filed when the party can show that their failure to respond to the complaint or appear in court was unintentional and not a result of negligence or disregard for the legal process. 3. Surprise: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to surprise is filed when the party can demonstrate that they were taken by surprise by the default judgment, and their failure to respond or appear in court was caused by circumstances beyond their control. 4. Excusable Neglect: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to excusable neglect is filed when the party can prove that their failure to respond or appear in court was a result of a genuine mistake, negligence, or oversight, but they had a valid reason for such neglect, such as illness, family emergency, or other unavoidable circumstances. It is important to note that each type of motion requires specific legal arguments and supporting evidence to convince the court to grant the motion. The party seeking to vacate or set aside the default judgment needs to provide compelling reasons and demonstrate that they have a valid defense to the claims made against them in the original complaint. In conclusion, a Michigan 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 parties who have been granted a default judgment against them. These motions are filed under different circumstances based on the specific reasons for the default and require different legal arguments and supporting evidence to be successful.A Michigan Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to overturn a default judgment entered against them. This motion is typically filed when a party fails to respond to a complaint or fails to appear in court, resulting in a default judgment being entered against them. In Michigan, there are different types of motions that can be filed to vacate or set aside a default judgment due to various reasons such as mistake, inadvertence, surprise, or excusable neglect. 1. Mistake: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to mistake is filed when the party can prove that there was a genuine mistake made, either by themselves or their legal representative, which led to the default judgment being entered. 2. Inadvertence: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to inadvertence is filed when the party can show that their failure to respond to the complaint or appear in court was unintentional and not a result of negligence or disregard for the legal process. 3. Surprise: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to surprise is filed when the party can demonstrate that they were taken by surprise by the default judgment, and their failure to respond or appear in court was caused by circumstances beyond their control. 4. Excusable Neglect: A Motion to Vacate or Set Aside Entry of Default and Default Judgment due to excusable neglect is filed when the party can prove that their failure to respond or appear in court was a result of a genuine mistake, negligence, or oversight, but they had a valid reason for such neglect, such as illness, family emergency, or other unavoidable circumstances. It is important to note that each type of motion requires specific legal arguments and supporting evidence to convince the court to grant the motion. The party seeking to vacate or set aside the default judgment needs to provide compelling reasons and demonstrate that they have a valid defense to the claims made against them in the original complaint. In conclusion, a Michigan 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 parties who have been granted a default judgment against them. These motions are filed under different circumstances based on the specific reasons for the default and require different legal arguments and supporting evidence to be successful.
