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Another vacate judgement question vs. ex-employer

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mred205

Junior Member
Massachusetts

Would like to file a motion to vacate judgement, just not sure on what grounds....

Motion to Vacate Judgement

I was employed as a service writer for a large well known dealership in Mass. I was paid a base wage plus commission based on my customer satisfaction survey results at the end of each month, NOT by sales.

3 months into the job, I quit and went to a smaller family owned dealership. They issued my last paycheck within a week which included my base wages plus the months commission.

Two days later HR calls me asking to reurn $1400. Stating it wasnt due to me, but I shouldve actually received a larger paycheck then I did based on my cust. serv. numbers for the month. (I no longer have recod of any of my number sor what I was paid)

3 months later, I receive a purchase invoice from this dealer with a "customer order number" and the $1400 due. I didnt pay it.

6 months later, I receive a small claims court summons from Westborough Distric Court, Massachusetts. I failed to appear due to ignorance of being able to properly defend myself. Default judgement issued.

I have 7 days until the 1 yr mark hits and I can no longer file a motion to vacate. I would like to know:

1) was it legal for them to take an HR issue as this and issue a purchase invoice for the amount they asked for back?

2) what is an excusable reason to file the motion to vacate, if any?

Thanks in advance!
 


latigo

Senior Member
Massachusetts

Would like to file a motion to vacate judgement, just not sure on what grounds....

Motion to Vacate Judgement

I was employed as a service writer for a large well known dealership in Mass. I was paid a base wage plus commission based on my customer satisfaction survey results at the end of each month, NOT by sales.

3 months into the job, I quit and went to a smaller family owned dealership. They issued my last paycheck within a week which included my base wages plus the months commission.

Two days later HR calls me asking to reurn $1400. Stating it wasnt due to me, but I shouldve actually received a larger paycheck then I did based on my cust. serv. numbers for the month. (I no longer have recod of any of my number sor what I was paid)

3 months later, I receive a purchase invoice from this dealer with a "customer order number" and the $1400 due. I didnt pay it.

6 months later, I receive a small claims court summons from Westborough Distric Court, Massachusetts. I failed to appear due to ignorance of being able to properly defend myself. Default judgement issued.

I have 7 days until the 1 yr mark hits and I can no longer file a motion to vacate. I would like to know:

1) was it legal for them to take an HR issue as this and issue a purchase invoice for the amount they asked for back?

2) what is an excusable reason to file the motion to vacate, if any?
Thanks in advance!
An "excusable reason" is one that you don’t have!
 

mred205

Junior Member
what about an answer to question number 1? Was it even legal for them to attempt to take my wages back, with no EXCUSABLE REASON, and issue a PURCHASE invoice as an attempt to recover the wages?
 

mred205

Junior Member
And I understand that I can file a motion to vacate with a meritorious defense?... thats what I am trying to get at here...
 

tranquility

Senior Member
Depending on the exact facts, probably not. Suing on a "purchase invoice" was not correct.

But, failing to respond to the purported invoice may prevent you from a defense to it. As well, there is the other part of the equation, they say you otherwise owe and you have no facts to say you don't.

Failing to respond to the lawsuit because you don't have a defense, is not going to make the judge all tingly and happy to reopen the case. While the courts disfavor default judgments, that you admit you knew of it and still defaulted will pretty much doom any real chance. I suspect you might as well just get ready to deal with collection of the judgment. I don't think you will get the case open. If you do, I don't think you will win.
 

Mass_Shyster

Senior Member
I don't see much harm from filing the motion to vacate. It sounds like the dealership is trying to collect on a non-existent debt (some fabricated purchase) to make up for what they feel was an overpayment of wages. OP certainly has a valid defense against the debt for a purchase that never happened.
 

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