Massachusetts Agreement For Judgment For The Defendant

State:
Massachusetts
Control #:
MA-SKU-0163
Format:
PDF
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Description

Agreement For Judgment For The Defendant

The Massachusetts Agreement For Judgment For The Defendant is a legal agreement between a defendant and a plaintiff in a civil case in Massachusetts. It is a compromise between the two parties that allows the defendant to avoid a trial by agreeing to pay a sum of money to the plaintiff. The agreement is binding and can be enforced by a court of law. The agreement is typically used in civil cases such as contract disputes, loan defaults, and personal injury claims. It is important to note that the agreement does not provide any form of legal protection for the defendant and does not prevent the plaintiff from taking further legal action. There are two types of Massachusetts Agreement For Judgment For The Defendant: an Agreed Judgment and a Stipulated Judgment. An Agreed Judgment is an agreement between the plaintiff and the defendant in which the parties agree to a certain judgment amount without going to trial. A Stipulated Judgment is an agreement between the parties in which the defendant agrees to pay an agreed-upon sum of money to the plaintiff in exchange for the dismissal of the case.

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FAQ

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.

A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories,

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.

A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled.

? What is the difference between a motion for judgment on the pleadings and a motion for summary judgment? ? When the court considers a motion for summary judgment, it can take into account evidence outside of the pleadings; with a motion for judgment on the pleadings, it cannot hear evidence outside the pleadings.

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.

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.

(c) Motions for judgment on the pleadings. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.

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Massachusetts Agreement For Judgment For The Defendant