A motion to vacate judgment, also called a petition to vacate judgment, is a request that is submitted by a party to a lawsuit or legal proceeding to the court to withdraw an order or judgment that the court had previously entered. In general, a motion to vacate judgment can be granted to a party to a lawsuit who is able to prove they did not have a chance to present their side of the case during the original action.
These motions are fairly common in family law cases, including divorce, child custody and visitation, as well as other issues. These motions can also be filed when a default judgement has been entered.
Default judgments are entered when a party who is sued, called a defendant, does not answer a complaint and does not appear in court in connection to the lawsuit. In some cases, the defendant may not have received notice of the lawsuit. When a defendant can show they were never served, they will likely be able to vacate a default judgment.
The motion has to be filed within a reasonable time following the original judgment. Depending on the case, a party may be able to file a motion to vacate within 30 days to one year after the date the judgement was entered. It is important to consult with an attorney to ensure that the motion is filed within the proper time limit.
It may be possible to find out these dates without an attorney. However, they must be able to proceed following the rules of their jurisdiction. They should not expect the court to make exceptions for them if they do not have a lawyer.
In addition to filing the motion within the applicable time limit, it must be based on a valid legal ground. If this type of motion is filed and the court determines it to be frivolous, the court may dismiss the motion and order the party to pay costs and fees incurred by the other party for responding to the motion.
If a party is considering filing a motion to vacate, it is important to have a lawyer consultation to ensure it is filed in a timely manner.
When Can a Motion To Vacate Judgment Be Granted in Massachusetts?
Motions to vacate judgments are most commonly granted in Massachusetts when a party to the action did not receive the notice required under the law of the lawsuit or other legal action. When a Massachusetts plaintiff initiates a legal action against a defendant, they have to provide the defendant with notice of the action as well as copies of the legal documents.
This is referred to as service of process. If a party can show that they did not receive services of process, there is a good chance that their motion to vacate will be granted.
After an individual serves the defendant, the individual who served the defendant has to file an affidavit of service with the court. This affidavit has to include a description of the individual who was served, the date and time service was made, and the process server’s contact information, including their name, address, and phone number.
This affidavit also has to include a statement that the process server is legally authorized to perform service of process in Massachusetts or the state where service was completed. In Massachusetts, certified mail may be used for service in specific instances and with permission from the court.
This method of service is typically only permitted as an alternative when the defendant has not been located after diligent efforts. When this method is used, the green certified mail receipt is returned to the court as proof of service.
An affidavit of service of process is very important because it shows whether the individual who was served matches the appearance of the individual who was sued and against whom a judgment was entered. If this information matches, a court will not likely vacate a judgment. Based on this evidence, the court can reject the argument that the defendant was never served.
In contrast, if the individual against whom the judgment was entered can demonstrate that they were not served with process, they do have a chance to have the judgment against them vacated. There are also other reasons why judgments may be vacated, depending on the circumstances of the case.
Examples of situations when a motion to vacate judgment may succeed include:
- Clerical Mistakes: A judgment may contain an omission, a mistake, or other issue that needs correcting.
- Erroneous Proceedings: A party may be able to show the legal proceedings were against a minor or other individual who was of unsound mind.
- Newly Discovered Evidence: A party can provide newly discovered significant evidence. The party must also show that that evidence could not have been discovered in time before the judgment was entered.
- Fraud, Misrepresentation or Other Misconduct: If the party against whom the judgment was ended can demonstrate that the other party used misrepresentation, fraud, or other forms of misconduct during the proceedings that led to the judgment, the judgment may be vacated.
- Void or Satisfied: A judgment may be vacated if it has already been satisfied, paid, or has been voided for another reason.
- Death of a Party: If a party passes away before the judgment can be satisfied, it may be vacated.
- Other Reasons: There may also be other reasons that justify vacating a judgment.
There are Massachusetts laws that provide rules and guidelines about motions to vacate. The requirements and details may also vary depending on the type of case, such as motions in family law matters that may be different from spousal support cases and child support cases. They may also be different in a debt collection case where a party wants to vacate a judgment of debt owed.
Massachusetts lawyers can help parties to legal cases determine the requirements for filing a motion to vacate as well as their chances of success.
In Massachusetts, What Are the Steps for Filing a Motion To Vacate Judgment?
As previously noted, there are deadlines for parties to file a motion to vacate in Massachusetts. Because of this, it is essential for an individual to act as quickly as possible if they believe a motion to vacate may be appropriate.
A party should start by consulting an attorney to find out the requirements and deadlines for filing this motion. It can also be helpful to gather any forms and documents that may be needed to file the motion.
A Massachusetts child custody lawyer, Massachusetts collection attorney, or civil lawyer who is familiar with procedures in the local civil courts will be able to help clients file motions to vacate. The next step is completing all of the required documents to file the motion. After this, they are filed with the court and served on the other party.
Depending on the reason why an individual is seeking to vacate a judgment, they may be required to include additional documents, such as a declaration, with the motion. A declaration may be a statement under penalty of perjury why the motion should be granted. This declaration does not take the place of any arguments made in court, but just provides a summary of the facts.
The court will hold a hearing where both sides can present their arguments about the motion. Having legal representation throughout the process will help ensure the success of the motion.
Do I Need a Massachusetts Lawyer for Help With a Motion To Vacate Judgment?
Yes, it is very important to have help from a Massachusetts family lawyer with a motion to vacate a Judgment in Massachusetts. Courts do not take vacating judgments lightly.
Motions to vacate can only be filed based on valid legal grounds. Your lawyer will be able to advise you about your options, can file the motion on your behalf, and represent you during the hearing.
If your case involves another category of law, such as collections, a collections lawyer can assist you as well. You can use LegalMatch to find the type of lawyer you need in your area of Massachusetts for free in as little as 15 minutes.
