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.
Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is an essential legal remedy available to litigants who wish to challenge a default judgment entered against them due to various reasons. When a party fails to respond to a lawsuit within the specified time frame, the court may enter a default judgment in favor of the opposing party. However, if the lack of response was a result of mistake, inadvertence, surprise, or excusable neglect, the defaulted party can file a motion to vacate or set aside the default judgment. In Washington, there are different types of motion to vacate or set aside entry of default and default judgment, depending on the circumstances of the default. Some common types include: 1. Mistake: This type of motion is filed when the default judgment occurred due to a genuine mistake made by the defaulted party or their legal counsel. It could be a misunderstanding of deadlines, failure to communicate properly, or any other unintentional error that resulted in the default. 2. Inadvertence: This type of motion applies when the default judgment happened as a result of an oversight or negligence on the part of the defaulted party or their legal representative. Inadvertence could be attributed to factors such as a failure to receive proper notice, mail delivery issues, or other extenuating circumstances causing the lack of response. 3. Surprise: If the default judgment took the defaulted party by surprise, making it impossible to timely respond to the lawsuit, a motion to vacate or set aside the default judgment may be filed. Surprise could arise from various factors, such as unexpected personal emergencies, sudden change in legal representation, or lack of awareness of the lawsuit. 4. Excusable Neglect: This type of motion applies when the default judgment occurred due to neglect by the defaulted party or their legal counsel, but the neglect is considered excusable by the court. Excusable neglect usually involves valid reasons that prevented the defaulted party from complying within the specified timeframe, such as serious illness, mental incapacity, or genuine logistical challenges. When filing a motion to vacate or set aside an entry of default and default judgment, it is crucial to provide a detailed explanation of the circumstances of the default and present convincing evidence supporting the claim of mistake, inadvertence, surprise, or excusable neglect. Additionally, it is vital to follow the specific procedural requirements set forth by Washington state laws and court rules. Overall, the Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect provides an opportunity for defaulted parties to rectify errors or omissions that led to their default and seek a fair resolution of the legal matter.
