In order to start the process of "Beginning Anew"...You may use the following 2 templates:
1) Motion To Remove Default and Vacate Judgment, and 2) Affidavit In Support of Motion to Remove Default and Vacate Judgment.
These documents will hopefully assist you in removing the default and eliminating the judgment against you...for the time being, of course. This is only a stay of execution because you will receive a new court date; and yes, you must show up on that new court date or you will have lost your opportunity to be heard. No additional Motions To Remove Default are ever granted as easily as the first.
The reason most clerks allow Motions to Remove Default is to give defendants their "day in court" and to actually have an opportunity to defend themselves. If you think about it...it makes sense.
Hope this helps!!
Craig
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. DISTRICT COURT
SMALL
CLAIMS DEPARTMENT
DOCKET
NO.:
)
)
Plaintiff, )
)
)
v. )
)
)
Defendant, )
______________________________)
Defendant's Motion to Remove Default and Vacate Judgment
NOW COMES the Defendant, ,
and prays this Honorable Court to remove default and vacate the judgment for
the following reasons:
There was a deficient service of process as per Defendant’s
Affidavit. Defendant had no actual
notice of the complaint filed against her before the default judgment was
entered.
Judgment entered on , 20 , and the only notice Defendant received on
above complaint for Docket # , was Judgment
for Plaintiff with Payment Review date of , 20 .
WHEREFORE, Defendant respectfully requests that this Honorable Court set aside default judgment and that this case be restored to the court’s calendar.
Dated:
______________________________
COMMONWEALTH OF
MASSACHUSETTS
SUFFOLK, SS. DISTRICT COURT
SMALL
CLAIMS DEPARTMENTDOCKET NO.:
)
)
Plaintiff, )
)
)
Affidavit of in
v. ) Support of Defendant’s Motion to
Remove
)
Default and Vacate Judgment
)
Defendant, )
______________________________)
Affidavit of in Support of
Defendant's Motion to Remove Default and Vacate Judgment
Personally appeared before the undersigned officer duly
authorized to administer oaths in the State of Massachusetts, , who on
oath deposed and testified as follows:
1. My name is , and I am a
resident of the State of Massachusetts. I am the defendant in the
above-captioned matter. This Affidavit is submitted in support of defendant's
Motion to Remove Default and Vacate Judgment on the grounds that the defendant
did not receive notice of court date.
2. The only notice received on above complaint for Docket
# , was Judgment for Plaintiff with
Payment Review date of , 20 .
Date: ______________________
Notary Public
On
, 20 , before me, the undersigned
Notary Public in and for said County and State , personally
appeared , known
to me to be an individual who subscribed and swore to the within instrument and
acknowledged that he executed the same.
Witness my hand and
official seal.
______________________
Notary
Public
My Commission expires:
__________________________________________________________________
(SEAL)
__________________________________
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