How do I obtain a default judgment in a small claims court case?

In Massachusetts, a default judgment in a small claims court case can be obtained if the defendant fails to appear on the hearing date or fails to answer the complaint. The process of obtaining a default judgment begins with the plaintiff filing a complaint with the court and serving the defendant with a copy. The court will then set a hearing date. If the defendant does not appear on the hearing date or fails to answer the complaint prior to the hearing, the plaintiff may file a default motion with the court. The motion must include an affidavit from the plaintiff that details the facts of the case, the amount of the claim, the amount of the damages, if any, and a request for the court to enter a default judgment in favor of the plaintiff. The court can then award the plaintiff the amount of the claim, plus interest and costs. When the default motion is granted, the court will enter a judgment against the defendant. The judgment states that the defendant is liable for the damages and amount of the claim awarded. If the defendant does not pay the amount awarded within the time specified in the judgment, the plaintiff may then take steps to collect the debt. Such steps may include garnishing the defendant’s wages or placing a lien on any real property owned by the defendant.

Related FAQs

How much does it cost to appeal a small claims court decision?
Can I countersue the other party in a small claims court case?
How do I submit a request to the court for additional time in a small claims court case?
How do I file an answer to a complaint filed in small claims court?
When is the plaintiff's evidence due in a small claims court hearing?
What is the procedure for submitting evidence to the court in a small claims case?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
How much time do I have to file an appeal in a small claims court case?
How do I write an answer to a summons in a small claims court case?
What is the process for appealing a small claims court decision?

How do I obtain a default judgment in a small claims court case?

Related FAQs

Related Blog Posts