Legal Question in Business Law in Massachusetts

legal

An elderly Massachusetts homeowner hired a contractor to install septic systems in the new home he was building for his family�s retirement. It was agreed the septic system would be installed so that the homeowner could get an occupancy permit. The septic system was not installed as per the plan. A dispute arose and the matter went to trial. The contractor falsely testified at trial that the septic system was completed so that the town could and would issue an occupancy permit. In March of 2007 Judgment was entered against the pro se homeowner for 22K plus interest at 12% which now totals about 10K. In February of 2009 when the house was completed the town would not issue the occupancy permit because the contractor never completed the paper work the town required. The contractor refuses to complete the paper work until the judgment is paid in full. My questions is�.. would it be appropriate to file a motion to amend/vacate the judgment under rule 60 (b) to vacate the interest only until such time that the contractor completes the paper work so that I can get an occupancy permit. Or would it be better to file an independent action?


Asked on 6/12/09, 2:55 pm

2 Answers from Attorneys

Re: legal

You may be limited in your 60 (b) Motion since it is now more than a year after judgment has entered. If it is a 60 (b) 6 Motion then you need to meet some very specific standards and the court is not going to be sympathetic that you are elderly and representing yourself. I would strongly suggest you retain legal counsel. If you file a separate action, you need to bring the separate action in the same court as the judgment was entered.

Good Luck

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Answered on 6/12/09, 3:37 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: legal

As I understand your question, a judgment was rendered against a homeowner based on the nonpayment for the installation of a septic system. Now the town refuses to issue an occupancy permit unless the judgment is paid in full. Please feel free to contact me direct as the answer to your question is very fact specific ;))

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Answered on 7/17/09, 7:07 pm


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