Sample Motion For Default Judgment Massachusetts
Description
How to fill out Sample Letter Regarding Memorandum Opinion On Summary Judgment Motion?
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FAQ
Fill out the Motion to Remove Default If you missed your court date and you: ... Check box 2 if you are filing your motion within 10 days of the default judgment. Check box 3 if you are filing your motion more than 10 days after the default judgment. ... Tell the court why you missed your court date.
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.
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend". The language includes a defendant's complete failure to file any papers at all, as well as his failure, after filing an appearance, to file an answer.
In other words, if a default judgment has been entered against you, you can file a motion with the court stating why you failed to respond to the initial complaint and requesting that the court remove the judgment against you. Typically, the court will grant such requests.
