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Motion to Vacate or Set Aside Entry of Default and Default Judgment...

Virgin Islands Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

Category:

Civil Actions - Default Judgments

State:

Multi-State

Control #:

US-01530BG

Format:

Instant download

Description

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.

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FAQ

If you fail to file with the court before your deadline, the plaintiff can ask the court for a ?default judgment.? A ?default judgment? is a money judgment awarded against you simply because you failed to appear in the case and defend yourself.

A default judgment is a ruling by a judge in favor of a plaintiff in the event that the defendant fails to show up in court. If the defendant can show that the court appearance was missed for valid reasons, the default judgment may be vacated.

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

Typically, the default process begins when the defendant has not responded to a properly served summons and complaint.

Default judgment is available for cases where either an acknowledgement of service or a defence has not been filed in time, or, if an acknowledgement of service has been filed in time, a defence has not been served.

The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.

If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.

The plaintiff can ask the court to note you in default. This means you haven't filed a response in time and you won't be allowed to take part in the court case anymore. The plaintiff can then ask the court to order you to pay them what they're asking for. This is called asking for a default judgment.