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 Tennessee Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal action that can be taken by a party who has received a default judgment against them in a lawsuit. This motion allows the party to request the court to overturn the default judgment based on certain grounds. In Tennessee, there are different types of motions that can be filed to vacate or set aside an entry of default and default judgment. These motions may include: 1. Motion based on mistake: This type of motion is applicable when there was a genuine mistake made by the party, their attorney, or the court that resulted in the entry of default and default judgment. Examples of mistakes include clerical errors, incorrect service of process, or misunderstanding of legal deadlines. 2. Motion based on inadvertence: Inadvertence refers to situations where the party failed to act or respond to the lawsuit due to an unintended oversight or lack of knowledge. For instance, if the party did not receive proper notice of the lawsuit or was not aware of their obligation to respond, they may file a motion to set aside the default judgment based on inadvertence. 3. Motion based on surprise: Surprise can occur when the party is caught off guard by unexpected circumstances, causing them to miss the deadline to respond to the lawsuit. For example, if the party was dealing with a personal emergency or facing significant obstacles preventing them from properly responding, they may request the court to vacate the default judgment based on surprise. 4. Motion based on excusable neglect: This type of motion can be filed if the party can demonstrate that their failure to respond to the lawsuit was due to excusable neglect. Excusable neglect refers to a reasonable and justifiable cause for their failure to timely respond. This can include situations such as illness, absence, mental incapacity, or reliance on incorrect legal advice. When filing a motion to vacate or set aside an entry of default and default judgment in Tennessee, it is essential to provide a detailed explanation of the circumstances leading to the default and reasons for the request. The party must also outline the legal basis for their motion, citing relevant statutes and case law to support their argument. Additionally, the motion should be filed within a reasonable time after discovering the default judgment. By filing a Tennessee Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, a party has the opportunity to rectify any errors or oversights in the legal process and seek a fair resolution to the lawsuit.
