Massachusetts Agreement For Judgment

State:
Massachusetts
Control #:
MA-SKU-1002
Format:
PDF
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Description

Agreement For Judgment

The Massachusetts Agreement for Judgment is a legal document used in civil court cases. It is an agreement between two parties, usually a plaintiff and a defendant, that resolves a dispute without going to trial. The Agreement for Judgment is signed by both parties and is then submitted to a judge for approval. The judge reviews the agreement, which outlines the terms of the settlement, and then issues a judgment. There are two types of Massachusetts Agreement for Judgment: a Stipulated Agreement for Judgment and a Consent Agreement for Judgment. A Stipulated Agreement for Judgment is an agreement in which both parties agree to the terms of the settlement without any negotiation. A Consent Agreement for Judgment is an agreement in which the terms of the settlement are negotiated. Both agreements are subject to the judge's approval.

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FAQ

A summary judgment in Massachusetts occurs when a court makes a decision based on the available evidence without a full trial. This ruling typically happens when there are no disputes over material facts, allowing the court to decide based on the law. In the context of a disagreement, a Massachusetts Agreement For Judgment can also serve to finalize the terms agreed upon without the need for further litigation.

Agreement for judgement in a summary process (eviction) case. Once approved by the judge, this agreement becomes a court order and both parties are legally required to follow it. This form is used in Housing Court when a judgment enters and a judge or clerk must determine a defendant/debtors ability to pay.

If you don't pay the amount required even though you're able to, you may be held in contempt of court and imprisoned or given additional costs. Pay the full amount directly to the other party (the "judgment creditor") unless the magistrate has ordered otherwise.

Massachusetts case law indicates that a motion for judgment on the pleadings will be treated as a motion to dismiss for failure to state a claim BUT only where a party has failed to timely assert the failure to state a claim defense.

You must receive written notice of the date and time the physical eviction will take place at least 48 hours in advance. On the date set in the 48-hour notice, you must leave apartment. The landlord may use the execution anytime within a three-month period.

If a payment hearing wasn't scheduled, you can ask for a Writ of Execution 30 days after the judgment date. Give the Writ of Execution to a constable or a deputy sheriff to seize and sell the judgment debtor's property to pay the judgment.

In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.

A summary process (eviction) summons and complaint is the next step after a notice to quit. You must go to court to get a justice's signature and then see that this notice is delivered to the tenant in ance with Massachusetts law. You must hire a constable or the sheriff to serve the summons and complaint.

The landlord or tenant can end a month-to-month tenancy-at-will by giving a written 30 days (minimum) notice to quit that must expire at the end of a rental period. Pay special attention if the notice to quit is given in February, which has less than 30 days.

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Massachusetts Agreement For Judgment