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Massachusetts Request for Default

Massachusetts Request for Default

Name: Massachusetts Request for Default
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.78 (400 reviews)

Category:

Massachusetts Civil Procedure - Statewide - Default

State:

Massachusetts

Control #:

MA-DC-CV-007

Format:

Instant download

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Public form

Description

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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FAQ

A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.

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.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

Entry of default refers to the process where the person making a claim in a case makes a request before a court of law stating that the party against whom they have made a claim have failed to furnish any meaningful response to the claimant's pleadings within the time allowed for that.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

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.

A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.

Massachusetts Request for Default

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How to fill out Massachusetts Request For Default?

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FAQ

What does a motion for default mean?

What happens after a motion for default is filed?

What happens after default is entered?

How long does a default Judgement take?

What is the difference between default and default judgment?

What does application for entry of default mean?

What does it mean to be in default in court?

How do you stop a default Judgement?

On which grounds may the court set aside the entry of default?

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