This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.
A Lowell Massachusetts Motion for General Default is a legal process used when one of the parties involved in a lawsuit fails to respond or appear in court within the specified time frame. It is a request made by the non-defaulting party to the court, asking for a default judgment to be entered in their favor due to the defendant's failure to take action. In Lowell, Massachusetts, there are a few different types of Motions for General Default that can be filed depending on the circumstances: 1. Motion for Entry of Default: This type of motion is filed when the defendant fails to respond to the plaintiff's initial complaint within the legally prescribed time limit. The plaintiff can request the court to enter a default against the defendant, which means that the defendant loses the opportunity to present their case. 2. Motion for Default Judgment: If the defendant has already been served with the lawsuit and has failed to respond, the plaintiff can file a Motion for Default Judgment. This motion asks the court to enter a final judgment in favor of the plaintiff based on the allegations in the complaint, as the defendant has effectively admitted to liability by not responding. 3. Motion to Set Aside Default: In some cases, the defendant may have a valid reason for their failure to respond or appear in court, such as improper service, mistake, excusable neglect, or other extenuating circumstances. In such situations, the defendant can file a Motion to Set Aside Default, requesting the court to overturn the default judgment. 4. Motion for Entry of Default under Massachusetts Rule of Civil Procedure 55(b): This motion is typically employed when the plaintiff has previously received a default judgment against the defendant but wants to request a specific amount of damages. By filing this motion, the plaintiff asks the court to calculate and award the appropriate damages based on the evidence provided. 5. Motion for Relief from Default under Massachusetts Rule of Civil Procedure 60(b): This type of motion can be filed by either the plaintiff or the defendant to seek relief from a default judgment. It may be granted in cases where there is newly discovered evidence, fraud, mistake, or other equitable grounds that warrant overturning the default judgment. It is crucial to consult with an experienced attorney who is familiar with the local rules and procedures when dealing with a Lowell Massachusetts Motion for General Default.
