Legal Question in Credit and Debt Law in Massachusetts
removing a default
due to a change of address, i defaulted on a suit filed against me. i spoke to a clerk in the court and was told i had to file a motion to have this default removed. but they didn't say how this should be done.
thanks for any help
1 Answer from Attorneys
Re: removing a default
You have to act quickly now that you know of it or you will lose your ability to remove the default. That's one of the factors to be considered.
It depends to some extent what court and what the size of the suit was. (Let me know by e-mail.)
In District Court for a claim between $2,000 and $25,000, I've dealt with this issue myself. It OUGHT to be straightforward. I think it's best for you to hire a lawyer to handle it for you. A lawyer will file a motion in the case and will mention at least one particular part of Rule 60 and you ought to prevail at having the default removed.
If it's for under $2,000, there might be a shorter procedure to use in Small Claims without a lawyer.
How was the Summons and Complaint served? Was it just a letter (small claims)? Was your mail being forwarded to wherever you moved to? How did you eventually find out about the suit? When?
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.
