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View Full Version : Mmassachusetts small claims remove default hearing


ready1
Jan 19, 2011, 12:24 PM
If the defendant asked for a remove default hearing in a Massachusetts small claims court and then is a no show for the hearing, what happens next? Can they still appeal or ask again for a remove default? How many times can this go on? Has the plaintiff won at this point?

AK lawyer
Jan 19, 2011, 03:21 PM
If the defendant asked for a remove default hearing in a Massachusetts small claims court and then is a no show for the hearing, what happens next? Can they still appeal or ask again for a remove default? How many times can this go on? Has the plaintiff won at this point?

The defendant failed to show? If the judge says "Defendant is not here, so the motion to remove default is denied", yes, plaintiff has won (again).

Defendant can again move to remove the default until he or she is blue in the face, but the chances of successfully getting it are remote, I would think (unless defendant can demonstrate a convincing reason for not being at the hearing).