Defendant files motion to vacate judgement

[scraig]

What is the name of your state (only U.S. law)? Massachusetts
I hired a contractor who did not do the job correctly. I sent a 93A demand letter and tried to mediate through two consumer agencies. The defendant came to court and asked for a week to fix all the problems. I agreed to continue the case. The contractor comes to my house and refuses to fix. Additionally he gets aggressive and abusive. I had to ask him to leave. He does not show up for rescheduled hearing which he had received notice in person for. I received judgment in my favor and now he files a motion to vacate saying I did not let him do the work. WHAT CAN I EXPECT AT THE HEARING TO VACATE JUDGMENT? How should I approach this?
Thank you for reading this.What is the name of your state (only U.S. law)?

 

[BL]

What is the name of your state (only U.S. law)? Massachusetts
I hired a contractor who did not do the job correctly. I sent a 93A demand letter and tried to mediate through two consumer agencies. The defendant came to court and asked for a week to fix all the problems. I agreed to continue the case. The contractor comes to my house and refuses to fix. Additionally he gets aggressive and abusive. I had to ask him to leave. He does not show up for rescheduled hearing which he had received notice in person for. I received judgment in my favor and now he files a motion to vacate saying I did not let him do the work. WHAT CAN I EXPECT AT THE HEARING TO VACATE JUDGMENT? How should I approach this?
Thank you for reading this.What is the name of your state (only U.S. law)?

He flat out refused to repair or was you two in an argument and then you asked him to leave without giving oppurtunity to repair ,even if unpleasant ?

 

[latigo]

I’d say that there is a good likelihood that the court will set aside the judgment. You ask why?

1. The contractor was not allowed to perform the additional work needed to fulfill his contract - an opportunity, which was apparently tendered by the judge in and effort to resolve the dispute.

2. The philosophy that generally favors deciding lawsuits upon their merits rather than by default.

3. In Massachusetts, beyond the specifically enumerated grounds for granting relief from a judgment, the courts are given a broad measure of discretion. *

And the only way a court can be successfully challenged when acting upon its discretionary powers is to show that it clearly abused that power.
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[*] Massachusetts Civil Procedure Rule 60: Relief from Judgment or Order

(b) “On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

* * *

(6) Any other reason justifying relief from the operation of the judgment.”