This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.
Massachusetts Judgment by Default - B 261B
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FAQ
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend".
Rule 60(b)(1) allows relief for "mistake, inadvertence, surprise or excusable neglect." It applies to acts of the court, parties or third persons. Thus Rule 60(b)(1) has been held to permit granting of relief where the court overlooked one small item of damages concerned with the major issues of the case.
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.
All mortgage loans in default are subject to receiving the SCRA notice when in default. Massachusetts General Laws Chapter 244 §14 requires a foreclosing party to mail a Notice of Sale to the homeowner at least 14 days before the sale date.
A request for default is filed in an adversary case and is filed by the plaintiff against the defendant when the defendant has failed to answer the complaint, plead or defend. The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend.
Ask the court for a new court date You can ask a judge to remove the default judgment and schedule another court date. You must give the judge a good reason for missing the court date. You must also have a "legal defense" that might prevent your eviction.
Ask the court for a new court date You can ask a judge to remove the default judgment and schedule another court date. You must give the judge a good reason for missing the court date. You must also have a "legal defense" that might prevent your eviction.