Legal Question in Credit and Debt Law in Massachusetts
Judgement give for failure to appear - court did not notify me of trial date
What is the name of your state? Massachusetts
Guys I'm not sure if there is anything that I can do, my problem is that in march I had to go to court because of a Collection account that I have been fighting since last September when I recieved a letter from the Collection Agency telling me that they would sue if I did not contact them about an outstanding account. An account that turns out is not even mine. I sent them a request for validation, asking for the original acount holder, amount owed, account number. I even called the original company who said to me that they did not have me in there records using my name, address, social security number, date of birth, anything. Anyways I did not hear from them I sent another letter via certified mail once again asking for them to validate the debt, then they sued me, I went to court and they did not have any of the information I requested (3 times via certified mail) they then continued the case and said I would get a notice of the new date in the mail. Instead of a notice of a new trial date I get an Order of Judgement for failure to appear.
Is there any way to appeal this, they never even gave me a new trial date, What can I do??
3 Answers from Attorneys
Re: Judgement give for failure to appear - court did not notify me of trial date
Retain an attorney to file a motion to vacate the default judgment that must be supported by an affidavit that establishes you did not receive notice and that you have a viable defense to the action. This must also be supported by a memorandum of law. Good Luck!
Re: Judgement give for failure to appear - court did not notify me of trial date
It seems that there might be more to your case.
Often, collection agencies are fly-by-night and do not keep good records. If your case fell through the cracks, you may be able to correct it. Feel free to contact me if you wish to discuss the matter in detail. 978.250.4255
Re: Judgement give for failure to appear - court did not notify me of trial date
There are some collection firms in Massachusetts that intentionally avoid giving notices to parties in an effort to obtain judgments against people.
If you have all of your documents in order, it is best for you to sit down with counsel and review things. Also, it would be VERY helpful if you had a recent copy of your credit report. My contact information is below. You can also check out my site mcleodlawoffices.com for more information about me, and about your rights under the FDCPA.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
