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.
In Hillsborough County, Florida, a motion to vacate judgment, quash subpoena duces tecum, dismiss writ of garnishment, and for leave to file an answer to a complaint are legal procedures that individuals may use to address specific issues in a legal case. These motions allow parties to challenge a judgment, objectionable subpoenas, garnishments, and seek permission to file an answer. 1. Motion to Vacate Judgment: In cases where individuals believe that a judgment has been made in error or due to a mistake, they can file a motion to vacate judgment. This motion requests the court to set aside or void the judgment, allowing the party to request a new trial or present additional evidence. 2. Motion to Quash Subpoena Ducks Cecum: A subpoena duces tecum is a legal order that requires a person or organization to produce specific documents or evidence for a court case. If a party believes that the subpoena is unreasonable or violates their rights, they can file a motion to quash. This motion asks the court to invalidate the subpoena. 3. Motion to Dismiss Writ of Garnishment: A writ of garnishment allows a creditor to collect a debt from a third party, typically an individual's employer or financial institution, by withholding funds owed. If the party subject to garnishment believes that the writ is improper or contains errors, they can file a motion to dismiss. This motion aims to terminate the garnishment order. 4. Motion for Leave to File an Answer to Complaint: When a party is sued, and they have not yet filed an answer to the complaint, they may seek leave from the court to file a late answer. This motion explains the reasons for the delay and requests permission to submit a response to the complaint after the required deadline. Keywords: Hillsborough Florida, motion to vacate judgment, quash subpoena duces tecum, dismiss writ of garnishment, leave to file an answer to complaint, different types.
