Legal Question in Credit and Debt Law in Massachusetts

Motion to vacate a judgement

I think I know the answer from my research, but would like confirmation and maybe a suggestion of a lawyer that could help me quickly (by Monday). I rec'd a judgement from the courts to a collection agency for 4285.00. I did not show up because I had no idea there was a court date, and I had recently moved. I think I need to file a motion to vacate the judgement and I think I only have a few days left.

Thanks,

Michael


Asked on 2/19/08, 10:57 am

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Motion to vacate a judgement

A Motion to Open a Default Judgment is governed by Massachusetts Rules of Civil Procedure 55 ( which, in turn, references Rule 60b) which allows a party to set aside an entry of default for "good cause" shown. A judgment upon default may be set aside for the following reasons; mistake, inadvertence, excusable neglect, newly discovered evidence, fraud OR judgment is void, satisfied, released or discharged or any other reason justifying relief. Generally speaking, the motion to set aside a judgment by default shall be made within a reasonable time after entry, unless the reason for setting aside the judgment is due to mistake, inadvertence, excusable neglect, newly discovered evidence or fraud, in which case the motion to set aside shall be made within one year after entry. Please feel free to contact my offfice for a free initial consult based on the facts of your specific situation.

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Answered on 2/20/08, 9:38 am


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