Question: Can you overturn a default judgment?
Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered the complaint, the plaintiff may move for an entry of default judgment. The defendant can later retain counsel and filed a motion to set aside the default judgment entered against them on grounds of excusable neglect. An appellate court reviews a trial court’s decision to set aside a default judgment for abuse of discretion, resolving any doubt as to the propriety of default judgment in favor of the defaulted party. The controlling question is whether there exists “even slight evidence of excusable neglect.” In making this determination, the courts looked to: (1) the short length of delay; (2) the amount at issue; (3) the absence of evidence of prejudice to the plaintiff by the delay; (4) the severity of the sanction of default judgment; and (5) the alleged meritorious defense establishing that the result of the proceedings would be different if the default judgment were to be set aside. Excusable neglect is just that: excusable neglect, not just neglect. It is something that can be explained by an unusual, rare, or unforeseen circumstance, for instance. One example is an insurance attorney believing he was supposed to file a declaratory judgment action against an insured rather than defend him resulting in a default being entered against the insured.
