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Massachusetts Request for Default Under Rule 55(A)

Rule 55 A

Name: Massachusetts Request for Default Under Rule 55(A)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (396 reviews)

Category:

Massachusetts Civil Procedure - Statewide - Landlord Tenant

State:

Massachusetts

Control #:

MA-H-CV-008

Format:

Instant download

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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

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.

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.

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.

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.

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.

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.

If you do not owe the money - cancel the judgment This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

Rule 55 A

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How to fill out Massachusetts Request For Default Under Rule 55(A)?

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FAQ

How long does a default Judgement take?

What happens after default is entered?

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

What is the difference between default and default judgment?

What happens after a motion for default is filed?

What does motion for entry of default judgment mean?

How do you stop a default Judgement?

What is the difference between entry of default and default judgment?

What does it mean when a Judgement is set aside?

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