Vacating default judgment in Massachusetts

[trharlan]

Massachusetts.

I, plaintiff, won a small claims suit. The defendant and I were both present.

The defendant appealed.
The defendant did not show up for the appeal hearing.
I won by default judgment.

For what specific reasons can she vacate the default judgment?
Can anyone point me to the statute?

Thank you.

 

[JETX]

From your post she has no valid reason to vacate the judgment.

A "Motion to Vacate" is used on a default judgment when the Defendant has a justified reason for not making an appearance. Examples would be: improper service of the lawsuit (the Defendant was not aware of the suit) or an unsual circumstance that prevents the Defendant from the right to a defense.

In your case, the defendant made appearance in the original suit (thereby was obviously aware of the lawsuit) and further, was the appellee making her obviously aware of HER own suit. Other than some extreme emergency, I really can't see where she would have grounds for vacating the judgment.
In any case, she would have to convince the judge of her reasons, again unlikely.

As for where... it will probably be in your states "Rules of Civil Procedure".