Legal Question in Credit and Debt Law in Massachusetts
i leased a car for my ex husband in my name before we divorced. In our separation agreement he signed that he was responsible for all costs relating to this car. He then returned the car before the lease was up. Now the company is coming after me. I received a summons which i responded to. I was awaiting a court date but instead I received a judgement for the plaintiff and they said I defaulted even though I didn't ever get a court date. Do I have any recall?
2 Answers from Attorneys
Pursuant to the Massachusetts Rules of Civil Procedure, a defendant who has been defaulted for failure to appear or plead may file a Motion for Relief from Judgment;)
You need to remove the default, and at the same time file a complaint for contempt against your ex. You can also join your ex as a third party in the claim.