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Massachusetts Motion to Vacate Default Judgment

Sample Motion To Vacate Judgment Massachusetts

Name: Massachusetts Motion to Vacate Default Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (261 reviews)

Category:

Massachusetts Civil Actions - Statewide - Default Judgments

State:

Massachusetts

Control #:

MA-H-SP-014

Format:

Instant download

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Description Motion To Remove Default Judgment Massachusetts

This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

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Motion To Vacate Massachusetts Other Form Names

Motion To Vacate Sample Notice Of Motion To Vacate Judgment Form Sample Motion To Vacate Default Judgment Sample Motion To Vacate Judgment

FAQ

Question: Can you overturn a default judgment? 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.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

In some instances, a default judgment can be removed. This process is called vacating or setting aside the judgment. In order to have the default judgment vacated or set aside, the person must show the court they have a good reason to do so.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

This happens fairly regularly because people are often not properly notified about lawsuits. Having a judgment may allow the plaintiff to freeze your bank account or garnish your wages. You can ask the court to remove (vacate) the judgment if you can establish that the judgment should not have been entered.

In California, for example, a judge can vacate a default judgment taken due to mistake, inadvertence, surprise, or excusable neglect.Both states allow the judge to set aside the judgment if you were never served with the original lawsuit papers.

Renew the judgment Money judgments automatically expire (run out) after 10 years.If the judgment is not renewed, it will not be enforceable any longer and you will not have to pay any remaining amount of the debt. Once a judgment has been renewed, it cannot be renewed again until 5 years later.

A judgment usually stays on your credit report for a period of 5 years. However, once the judgment has been paid up it can be removed from the consumer's credit report. Up until March 2019, judgments needed to be rescinded in order to get them removed from the credit report.

Sample Motion To Vacate Judgment Massachusetts

Description Motion To Remove Default Judgment Massachusetts

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How to fill out Massachusetts Motion To Vacate Default Judgment?

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FAQ

Can you overturn a default judgment?

What happens after a motion for default is filed?

What happens after motion for default Judgement?

What is Vacate Default Judgement?

How do you get a default Judgement removed?

How do I remove a default Judgement?

Can a default Judgement be reversed?

Do Judgements ever go away?

How long does a Judgement stay on your name?

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