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.
Michigan Motion to Vacate Judgment: A Michigan Motion to Vacate Judgment is a legal document filed by a party who wishes to ask the court to overturn or set aside a judgement that has been entered against them. This motion is typically submitted when there are strong grounds to prove that the judgement was entered unfairly, incorrectly, or without proper legal basis. It allows the party to request a new trial or the opportunity to present additional evidence that could potentially change the outcome. In Michigan, there are various types of motions to vacate a judgement, including: 1. Michigan Motion to Vacate Default Judgement: This motion is filed when a judgement has been entered against a party due to their failure to respond or appear in court. The party must demonstrate a valid excuse for the default and show that they have a meritorious defense to the underlying claim. 2. Michigan Motion to Vacate Default Judgment for Lack of Service: This motion is filed when a default judgement has been entered against a party who claims they were not properly served with the initial lawsuit or summons. The party must provide evidence supporting their assertion that they did not receive proper notice of the legal proceedings. Michigan Motion to Quash Subpoena Ducks Cecum: A Michigan Motion to Quash Subpoena Ducks Cecum is a legal document filed by a party who wants to challenge the validity or enforceability of a subpoena that demands the production of documents or other tangible evidence. This motion may be submitted when the party believes that the subpoena is overly broad, unduly burdensome, lacks proper scope, or violates their rights in some other way. Michigan Motion to Dismiss Writ of Garnishment: A Michigan Motion to Dismiss Writ of Garnishment is a legal document filed by a debtor to oppose or challenge a garnishment order issued by a court. This motion typically argues that the garnishment should be dismissed because the debtor is exempt from garnishment under state laws, the creditor has not met the necessary legal requirements, or the garnishment is causing extreme financial hardship to the debtor. Michigan Motion for Leave to File an Answer to Complaint: A Michigan Motion for Leave to File an Answer to Complaint is a legal document filed by a party who seeks permission from the court to submit a late answer to a complaint. This motion is usually filed when a party has failed to respond within the designated time or missed a deadline to submit their answer. The party must present valid reasons for the delay and explain why allowing them to file a late answer would not prejudice the opposing party. Keywords: Michigan, Motion to Vacate Judgment, types, default judgement, lack of service, Motion to Quash Subpoena Ducks Cecum, motion to dismiss writ of garnishment, motion for leave to file an answer to complaint.
