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 South Carolina 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 had a default judgment entered against them in a civil lawsuit due to various reasons. This motion allows the party to request the court to vacate or set aside the default judgment based on valid grounds, such as mistake, inadvertence, surprise, or excusable neglect. There are different types of situations where a party may file a Motion to Vacate or Set Aside Entry of Default and Default Judgment in South Carolina: 1. Mistake: This type of motion is filed when there was an error or misunderstanding that led to the default judgment. It may involve a mistaken understanding of the court proceedings, improper service of the summons or complaint, or a mistake made by the party's attorney. 2. Inadvertence: If a party unintentionally failed to respond to the lawsuit within the required time frame, they can file a motion based on inadvertence. This could be due to oversight, an unexpected event, or any other valid reason that resulted in missing the deadline. 3. Surprise: In certain cases, a party may argue that they were surprised by the lawsuit or the default judgment. This could be due to lack of notice or knowledge about the legal action, preventing them from adequately responding to the lawsuit. 4. Excusable Neglect: If a party failed to respond to the lawsuit due to excusable neglect, they may file a motion based on this ground. Excusable neglect refers to valid reasons that prevented the party from timely responding, such as illness, personal emergency, or any other unavoidable circumstance. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, the moving party must provide a detailed explanation of the mistake, inadvertence, surprise, or excusable neglect that led to the default judgment. They should also include any supporting evidence or documentation that substantiates their claim. It is important to note that each case is unique, and the success of a motion will depend on the specific circumstances and the court's discretion. It is advisable to consult with an experienced attorney in South Carolina to assess the viability of filing such a motion and to navigate the legal process effectively.A South Carolina 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 had a default judgment entered against them in a civil lawsuit due to various reasons. This motion allows the party to request the court to vacate or set aside the default judgment based on valid grounds, such as mistake, inadvertence, surprise, or excusable neglect. There are different types of situations where a party may file a Motion to Vacate or Set Aside Entry of Default and Default Judgment in South Carolina: 1. Mistake: This type of motion is filed when there was an error or misunderstanding that led to the default judgment. It may involve a mistaken understanding of the court proceedings, improper service of the summons or complaint, or a mistake made by the party's attorney. 2. Inadvertence: If a party unintentionally failed to respond to the lawsuit within the required time frame, they can file a motion based on inadvertence. This could be due to oversight, an unexpected event, or any other valid reason that resulted in missing the deadline. 3. Surprise: In certain cases, a party may argue that they were surprised by the lawsuit or the default judgment. This could be due to lack of notice or knowledge about the legal action, preventing them from adequately responding to the lawsuit. 4. Excusable Neglect: If a party failed to respond to the lawsuit due to excusable neglect, they may file a motion based on this ground. Excusable neglect refers to valid reasons that prevented the party from timely responding, such as illness, personal emergency, or any other unavoidable circumstance. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment, the moving party must provide a detailed explanation of the mistake, inadvertence, surprise, or excusable neglect that led to the default judgment. They should also include any supporting evidence or documentation that substantiates their claim. It is important to note that each case is unique, and the success of a motion will depend on the specific circumstances and the court's discretion. It is advisable to consult with an experienced attorney in South Carolina to assess the viability of filing such a motion and to navigate the legal process effectively.
