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Massachusetts Motion to Dismiss Complaint Pursuant to Servicemembers Civil Relief Act
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FAQ
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
An answer to a Crossclaim, Counterclaim or Third-Party Complaint must be served within twenty days as well.
It covers issues such as rental agreements, security deposits, prepaid rent, evictions, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments.
Subsequent Proceedings Involving Registered Land ("S-Petitions") Massachusetts is unique in that one can "register" their land, to ensure the integrity of their title to land. Once a title is "registered" it continues to be "registered", even if "mortgaged." Under G.L.
6% cap on all loans while on active duty. Limits on foreclosure. Limits on eviction from rental property which serves as primary residence. Limits on the ability to terminate installment contracts or to otherwise repossess personal property purchased by an installment contract.
The Servicemembers' Civil Relief Act of 2003 (SCRA), formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA), is a federal law that gives all military members some important rights as they enter active duty.It also provides many important protections to military members while on active duty.
A Service members Civil Relief Act affidavit is a document litigants can take to court to prove they have checked to see if the defendant in their case is on active military duty. An SCRA affidavit, which most courts require, helps move cases forward so plaintiffs can get restitution more quickly.
The Servicemembers Civil Relief Act provides financial and legal protections for active-duty service members, including National Guard and reserve members, and their families.
The SCRA enables servicemembers to devote their time and attention to the defense needs of the Nation by providing protections related to such things as rental agreements, security deposits, prepaid rent, evictions, installment contracts, credit card interest rates, automobile repossessions, mortgage interest rates,