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; 2. the presence of material issues of fact; 3. the presence of a meritorious defense to the claim; 4. the significance of the interests at stake, including, but not limited to, the amount of money involved; 5. whether the failure to answer was intentional or willful or the result of conscious indifference; 6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.
Keywords: New Hampshire, Motion to Set Aside Entry of Default, Default Judgment, detailed description, types Title: Understanding New Hampshire Motion to Set Aside Entry of Default and Default Judgment Introduction: In the legal realm, a default judgment is a court decision awarded when one party fails to either respond to a lawsuit or appear in court. However, in certain circumstances, the default judgment may be considered unjust or in error. In such cases, individuals in New Hampshire can pursue a Motion to Set Aside Entry of Default and Default Judgment to challenge the ruling. This article aims to provide a detailed description of this legal process in New Hampshire, highlighting its significance and exploring possible types of motions associated with it. I. Overview of Motion to Set Aside Entry of Default and Default Judgment: When someone fails to respond to a lawsuit or appear in court within the provided timeframes, the court typically enters a default judgment in favor of the opposing party. A default judgment allows the party who filed the lawsuit to win by default. However, a Motion to Set Aside Entry of Default and Default Judgment serves as a legal remedy to potentially reverse or modify this judgment. II. Grounds for Filing a Motion to Set Aside Entry of Default and Default Judgment: To successfully challenge a default judgment in New Hampshire, individuals must provide valid grounds for their motion. Common grounds include: 1. Excusable Neglect: Demonstrating a reasonable excuse for the failure to respond or appear in court due to factors beyond the individual's control. 2. Lack of Notice: Claiming insufficient or improper notice of the lawsuit, preventing the opportunity to respond or attend court proceedings. 3. Meritorious Defense: Asserting a valid defense or counterclaim that could impact the outcome of the case if granted an opportunity to present it. III. Types of New Hampshire Motion to Set Aside Entry of Default and Default Judgment: 1. Motion to Set Aside Default Judgment: This type of motion aims to contest the final judgment issued in the default proceedings. It is typically filed when the defendant believes the default judgment was unjust or based on inaccurate information. 2. Motion to Set Aside Entry of Default: Unlike the previous motion, this type challenges the initial entry of default itself. Individuals may file this motion if they can demonstrate a valid reason for their failure to respond within the required timeframe. IV. Process to File a Motion to Set Aside Entry of Default and Default Judgment: To initiate the process, individuals must file the motion with the appropriate court, providing a detailed explanation of the grounds supporting their request. They must also serve copies of the motion to all parties involved in the lawsuit. Depending on the complexity of the case, the court may schedule a hearing or decide based on the written submissions. Conclusion: In New Hampshire, a Motion to Set Aside Entry of Default and Default Judgment offers individuals an opportunity to challenge default judgments when they believe they were wrongly issued or obtained. By outlining valid grounds and following the necessary procedural steps, individuals can seek a fair resolution to their legal matters.Keywords: New Hampshire, Motion to Set Aside Entry of Default, Default Judgment, detailed description, types Title: Understanding New Hampshire Motion to Set Aside Entry of Default and Default Judgment Introduction: In the legal realm, a default judgment is a court decision awarded when one party fails to either respond to a lawsuit or appear in court. However, in certain circumstances, the default judgment may be considered unjust or in error. In such cases, individuals in New Hampshire can pursue a Motion to Set Aside Entry of Default and Default Judgment to challenge the ruling. This article aims to provide a detailed description of this legal process in New Hampshire, highlighting its significance and exploring possible types of motions associated with it. I. Overview of Motion to Set Aside Entry of Default and Default Judgment: When someone fails to respond to a lawsuit or appear in court within the provided timeframes, the court typically enters a default judgment in favor of the opposing party. A default judgment allows the party who filed the lawsuit to win by default. However, a Motion to Set Aside Entry of Default and Default Judgment serves as a legal remedy to potentially reverse or modify this judgment. II. Grounds for Filing a Motion to Set Aside Entry of Default and Default Judgment: To successfully challenge a default judgment in New Hampshire, individuals must provide valid grounds for their motion. Common grounds include: 1. Excusable Neglect: Demonstrating a reasonable excuse for the failure to respond or appear in court due to factors beyond the individual's control. 2. Lack of Notice: Claiming insufficient or improper notice of the lawsuit, preventing the opportunity to respond or attend court proceedings. 3. Meritorious Defense: Asserting a valid defense or counterclaim that could impact the outcome of the case if granted an opportunity to present it. III. Types of New Hampshire Motion to Set Aside Entry of Default and Default Judgment: 1. Motion to Set Aside Default Judgment: This type of motion aims to contest the final judgment issued in the default proceedings. It is typically filed when the defendant believes the default judgment was unjust or based on inaccurate information. 2. Motion to Set Aside Entry of Default: Unlike the previous motion, this type challenges the initial entry of default itself. Individuals may file this motion if they can demonstrate a valid reason for their failure to respond within the required timeframe. IV. Process to File a Motion to Set Aside Entry of Default and Default Judgment: To initiate the process, individuals must file the motion with the appropriate court, providing a detailed explanation of the grounds supporting their request. They must also serve copies of the motion to all parties involved in the lawsuit. Depending on the complexity of the case, the court may schedule a hearing or decide based on the written submissions. Conclusion: In New Hampshire, a Motion to Set Aside Entry of Default and Default Judgment offers individuals an opportunity to challenge default judgments when they believe they were wrongly issued or obtained. By outlining valid grounds and following the necessary procedural steps, individuals can seek a fair resolution to their legal matters.
