Motion to Vacate Default Judgment (Remove Default) – Massachusetts Courts
This form is used in the Housing Court Division to request the vacating or removal of a default judgment that has been entered in a case. The Vacate Default Judgment form includes several sections that must be filled out by the defendant or their attorney. If the motion is allowed, the trial could take place on the same date as the motion hearing.
Follow these steps to accurately complete the Vacate Default Judgment form:
- Docket Number and Case Name
- Locate the docket number and the case name from your court documents. Enter this information in the designated spaces.
- Your Information
- Write your full name in the space provided where it states, “I, ________________________________.”
- Indicate the date when the default judgment was entered.
- Reason for Non-Appearance
- In the section that asks for the reason you did not appear at the court event, write the specific reason. For example, “I did not receive notice of the court date,” or “I was hospitalized on the scheduled date.”
- Defense to Claims
- Clearly state your defenses to the claims made against you. Explain why you believe the court should rule in your favor. Include legal reasons and any supporting facts. If you need more space, attach additional pages.
- For example: “The claim against me is incorrect because I have already paid the amount in dispute, and I have attached proof of payment.”
- Signature and Oath
- Sign your name in the space provided under “Subscribed and sworn under the pains and penalties of perjury.”
- Write the date of signing next to your signature.
- Printed Name and Contact Information
- Print your full name and, if you have an attorney, the attorney’s name and BBO number.
- Provide your address, email, and phone number.
- Service Requirement
- Ensure that a copy of this form is served upon the opposing party or parties. You must indicate that you have done this by filling in the appropriate sections about service.
- For instance, “I served a copy of this motion on [date] to [name of the opposing party/parties].”
- Court Order Section
- Leave the section titled “The Court rules and orders as follows” blank. This is for the judge to complete.
- Additional Information
- If there are any additional sections (like checkboxes or dropdowns), make sure to follow any specific instructions provided for those.
Checklist Before Submitting
- Double-check that all sections are completed accurately.
- Ensure all signatures and dates are filled out.
- Attach any additional pages if needed for your defense explanation.
- Make copies of the completed form for your records and for serving the opposing party.
Submission
- File the original completed form with the Housing Court Division where your case is being heard.
- Serve a copy to the opposing party as required.
- Keep proof of service and copies of all documents for your records.
By following these steps, you can ensure your Motion to Vacate Default Judgment form is filled out correctly and completely.