Legal Question in Consumer Law in Massachusetts

Issue with a small claim case defendant never showed up

I took this company to small claims court two weeks ago and they never showed up so they defaulted. I am assuming that since they never showed up they owe me the money becuse the court sent me documents stating they must pay. Well today I get a Motion to the Court and Affidavitt, I am asuming this means that I need to show up in court again. Why should I have to go back to court if they never showed up the first time. Is there anything that I can do about this I don't want to keep going back to court, what rights do I have now?


Asked on 9/02/05, 7:46 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Issue with a small claim case defendant never showed up

What you probably got was a motion to set aside, or vacate, the company's default. This is not uncommon, and yes, you must show up again on the date scheduled. If there's no date in the motion or in a cover letter, call the clerk's office and ask them what the date is. To set aside or vacate a default, the moving party (in this case, the company) must show that it had a good reason for not showing up AND that it has a viable defense to your complaint. These motions are allowed, more often than not, so be prepared to present your case at the hearing. Good luck! david baker

Read more
Answered on 9/02/05, 9:07 pm


Related Questions & Answers

More Consumer Law questions and answers in Massachusetts