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 Wisconsin Motion to Vacate Judgment is a legal document filed by a party who seeks to have a previously rendered judgment set aside. This motion is typically utilized when new evidence or newly discovered facts arise that could potentially impact the outcome of a case. The purpose of a Motion to Quash Subpoena Ducks Cecum in Wisconsin is to challenge a subpoena that demands the production of specific documents or tangible evidence. This motion can be filed by the party who received the subpoena, claiming that it is unduly burdensome, irrelevant, or violates legal privileges. A Motion to Dismiss Writ of Garnishment is a legal request made by a debtor to have a court nullify or terminate a writ of garnishment. This motion is typically filed when the debtor believes that the garnishment was initiated in error or violates their rights as protected by law. For Leave to File an Answer to Complaint in Wisconsin, the party seeking this motion is requesting permission from the court to file a response to a complaint after the designated deadline for doing so has passed. The motion details the reasons for the delay and provides justification for allowing the late filing. Different types of Wisconsin Motion to Vacate Judgments may include: 1. Motion to Vacate Default Judgment: Filed by a party who failed to respond to a complaint within the specified time frame and wishes to have the judgment set aside. 2. Motion to Vacate Summary Judgment: Filed when a party believes that a summary judgment was improperly granted and seeks to have it overturned. 3. Motion to Vacate Consent Judgment: Filed when a party believes that a consent judgment was entered into under duress, mistake, fraud, or misrepresentation and wishes to have it canceled. 4. Motion to Vacate Default Judgment for Lack of Jurisdiction: Filed when a party believes that the court did not have proper jurisdiction to enter a default judgment against them and seeks to have it vacated. It is important to note that the specific requirements and procedures for filing these motions may vary, and consulting with an attorney or referring to the relevant Wisconsin statutes and rules of civil procedure is advised.
