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!
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!