Legal Question in Civil Litigation in Massachusetts

Default Judgement Dismissal of Case against Plaintiff

I file a case for breach of contract and libel against a company. We went into mediation but failed to settle. Mediator set date for trial but never gave written notice to plaintiff. Defendants were given telephone notice of the trial date and Mediator allegedly notified plaintiff via telephone message on a phone. Plaintiff never got the message and never showed up in court. How can the case be put back on the docket?


Asked on 9/30/04, 7:57 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Default Judgement Dismissal of Case against Plaintiff

File a Motion to Vacate Default Judgment which must be supported by an affidavit as to reason for not appearing and proof of meritorious defense(s). Since a Memorandum of law is advisable, perhaps you should consider retaining an attorney to assist you in this.

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Answered on 10/01/04, 10:27 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Default Judgement Dismissal of Case against Plaintiff

I assume that default judgment is entered. If true, at minimum, you should file a motion to vacate.

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Answered on 9/30/04, 9:29 pm


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