Legal Question in Family Law in Massachusetts
Hello, i have a question about a situation my friend is in right now and wanted to help her find the best solution for it, here's the situation. she walked out of her house yesterday and found a court paper stating that she was in contempt for not showing up for a court date, apparently her daughter's father filed papers for visitation rights but never informed her of the date, she was never served by a constable, so she had no knoledge of this cort date until she found this paper which is basucally a warrant for her arrest for not showing up to court, now she wants to find out what is the best way to go about resolving this situation and her not getting arrested for this. any sugestions on what might be the best steps to resolve this will be appreciated.
Thank you,
Leo
2 Answers from Attorneys
She should go to the court and file a motion to vacate the default because she was never served with papers for the action.
She should retain an attorney to file a motion to remove the default base on her affidavit that she was never properly served with the complaint. Good Luck!
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