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How do I oppose a Motion to Vacate in MA?
I was the defendant in a small claims case in MA on 9/27/11. I had driven over 65 miles to be in court on time, hired child care to get my 3 kids off to school, and drove over an hour, prepared and with a witness. The plaintiff did not show up and the case was dismissed. A week later I got an email stating she was sorry she had been ill and forgot to go. On October 5th she filed a Motion to Vacate Dismissal - her reason stated "due to an illness I inadvertently failed to appear." I have been told this is not a good enough reason for a Judge to vacate a dismissal. Is that true? If there is a hearing on this matter do I need to drive over an hour AGAIN to oppose it or can I just send a response to the court that the judge will read and take into consideration? What are my chances that there will be another trial date and I have do this all over again. I think this woman purposely did not show just to harass me.
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Was the case dismissed with or without prejudice? However an illness might be considered a good excuse. However, if the plaintiff waited several days to contact the court and can't prove the illness that might not work.
You don't state what the suit is about or whether you were at fault or not. But, you can request that the judge review your opposition without your appearance or ask for a telephonic appearance. |
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The case was dismissed - it does not state with or without prejudice so I am assuming without. The plaintiff feels she is owed a commission on the sale of my horse out of her barn. I do not feel that is the case and have documentation and letters from witnesses to back up my case.
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Yes - I was just hoping to avoid having to take another day off work - drive an hour etc. Plus I was also hoping to never have to see her again! I was told by a Small Claims Advisory run out of Harvard that saying you are sick is not good enough reason for not showing up or calling the court... but the clerk I spoke to on the phone seem to think being sick was a great excuse!
Do you know if I would have to appear in person to oppose the motion - or can I file a written response? |
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I said, you can probably submit a written response or appear telephonically to oppose this motion.
The clerk knows the judge. Sickness is a good excuse but failure to notify the court within a reasonable time frame is going to frowned on. |
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