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.
Missouri Motion to Vacate Judgment, Quash Subpoena Ducks Cecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint are important legal actions that individuals or businesses can take in the state of Missouri to challenge judgments, subpoenas, writs of garnishment, or seek permission to file an answer to a complaint. Below, we will provide a detailed description of each action and explore any different types of these motions that exist. 1. Motion to Vacate Judgment: A Motion to Vacate Judgment is a legal document filed by a party who wishes to challenge or overturn a previously entered judgment in a civil or criminal case. By filing this motion, the party argues that there was a fundamental defect in the legal proceedings, such as lack of jurisdiction, improper service, or newly discovered evidence, that warrants the judgment to be set aside. This motion gives the party an opportunity to present their case and request a fresh determination of the matter. Different types of Motion to Vacate Judgment: a. Motion to Vacate Default Judgment: This motion is filed when a party wants to challenge a judgment that was entered against them due to their failure to respond or appear in court within the given deadline. b. Motion to Vacate Final Judgment: Unlike the default judgment, this motion is used to challenge a judgment that was entered after a trial or a similar proceeding due to errors, misconduct, or newly discovered evidence. 2. Motion to Quash Subpoena Ducks Cecum: A Motion to Quash Subpoena Ducks Cecum is filed when a party served with a subpoena (a legal order to produce documents or other evidence) believes that it is improper, burdensome, or violates their rights. By filing this motion, the party requests the court to invalidate or modify the subpoena, protecting them from undue hardship or unnecessary disclosure of information. 3. Motion to Dismiss Writ of Garnishment: A Motion to Dismiss Writ of Garnishment is a legal action taken by a debtor to challenge the validity or enforcement of a writ of garnishment. Garnishment occurs when a creditor seeks to seize a portion of the debtor's wages or assets to satisfy a debt. By filing this motion, the debtor contends that the writ of garnishment was issued improperly, the debt is not valid, or there are legal defenses to prevent the garnishment. Different types of Motion to Dismiss Writ of Garnishment: a. Motion to Dismiss Writ of Garnishment for Exempt Income: This motion argues that the income being subjected to garnishment, such as certain government benefits or child support payments, is legally exempt from being seized. b. Motion to Dismiss Writ of Garnishment for Improper Procedure: This motion asserts that the process followed by the creditor or court in issuing the writ of garnishment did not comply with the relevant laws or procedural requirements. 4. Motion for Leave to File an Answer to Complaint: A Motion for Leave to File an Answer to Complaint is filed by a party who seeks permission from the court to submit their answer (response) to a complaint even after the deadline prescribed by the court rules has passed. The party must demonstrate valid reasons for the delay and show that they have a meritorious defense to the claims outlined in the complaint. These various motions offer individuals and businesses in Missouri the opportunity to challenge legal actions, protect their rights, and present their side of the case. It is essential to consult with a qualified attorney who specializes in Missouri law to fully understand the specific requirements and procedures associated with each motion.
