Massachusetts.
I was alerted a couple weeks ago that back in 2008/2009, I was served notice that I was being sued in 2 separate cases for credit card accounts that I had defaulted on; one of the cases was under $7k, so it is considered small claims in my state (Massachusetts), and the other case was over $7k, so it is considered civil.
The notice of hearing was served by a constable, by just dropping it off at my last known address. I had not lived at that address for quite some time, so I never had any knowledge of the initial hearings, which is the reason I defaulted on both cases.
After finding out about the default judgement entered against me, I filed motions to remove the defaults; The civil one was heard this past Monday, the small claims one is scheduled for tomorrow.
The judge denied my motion on Monday. I explained that I had not lived at the residence that was served for quite some time prior to the date the notice was served. The constable never served anyone, just dropped off the notice on the doorstep of the home. I was renting at the residence, and the home was foreclosed on about 1 year prior to the date of service. I presented a foreclosure deed as proof of the prior residence being foreclosed, and explained that I no longer lived there.
My questions are, is there any other docs I can present tomorrow, to straighten my case, or any Mass General Law I can reference, relating to default judgement removals for small claims?
Also - for the Motion to Remove on the Civil case -- can I file a motion to reconsider with the court, or can I appeal the judges decision?
I was alerted a couple weeks ago that back in 2008/2009, I was served notice that I was being sued in 2 separate cases for credit card accounts that I had defaulted on; one of the cases was under $7k, so it is considered small claims in my state (Massachusetts), and the other case was over $7k, so it is considered civil.
The notice of hearing was served by a constable, by just dropping it off at my last known address. I had not lived at that address for quite some time, so I never had any knowledge of the initial hearings, which is the reason I defaulted on both cases.
After finding out about the default judgement entered against me, I filed motions to remove the defaults; The civil one was heard this past Monday, the small claims one is scheduled for tomorrow.
The judge denied my motion on Monday. I explained that I had not lived at the residence that was served for quite some time prior to the date the notice was served. The constable never served anyone, just dropped off the notice on the doorstep of the home. I was renting at the residence, and the home was foreclosed on about 1 year prior to the date of service. I presented a foreclosure deed as proof of the prior residence being foreclosed, and explained that I no longer lived there.
My questions are, is there any other docs I can present tomorrow, to straighten my case, or any Mass General Law I can reference, relating to default judgement removals for small claims?
Also - for the Motion to Remove on the Civil case -- can I file a motion to reconsider with the court, or can I appeal the judges decision?
