Legal Question in Credit and Debt Law in Massachusetts
default judgement
how do i stop a default judgement before it goes default. I forgot about a court date now this credit card company has filed for default! i have proof the statute of limitations is done on this card
1 Answer from Attorneys
Re: default judgement
It's hard to judge from your question at which stage your " default " is at. Generally speaking, the stages of default are; 1) entry of default by the clerk for failure to plead or appear and 2) judgment by default by the clerk or court, depending upon whether the monies sought can be easily determined by a simple calculation or not. If the clerk has entered default against you, it can be set aside for "good cause". If judgment by default has entered against you, it can only be set aside in accordance with the reasons set forth in Massachusetts Rules of Civil Procedure 60(b).
As a side issue, if an attorney brought forth the action against you based on the nonpayment of a personal credit card debt with knowledge that the statute of limitations has expired, query whether or not you can sue the attorney under the Fair Debt Collections Practices Act, 15 U.S.C 1601 et seq. for damages and attorney fees. You are free to contact my office for a free specific consult.