Monday, June 3, 2013

Lame excuse contest - Monday, June 3, 2013

In Kentucky, the general rule to set aside a judgment for default resulting from a failure to defend is that the defaulted party must affirmatively show a "good enough" defense on the merits, among other considerations. In Statewide Environmental Services Inc v. Fifth Third Bank, 352 S.W.3d 927 (Ky. App. 2011), Appellants asked for “an opportunity to defend themselves by conducting discovery and ascertaining whether or not they had counterclaims that could have been asserted.”

Seeing that Appellants' desire to go fishing may have been a tacit admission by them there was no defense on the merits, the Kentucky Court of Appeals decided that a defense of wishful thinking was not "good enough."