Massachusetts' Process for Default Judgment
A Massachusetts small-claims court may issue a default judgment when the defendant fails to file a response to a claim and does not appear at the hearing. A default judgment is a ruling in favor of the plaintiff. This means that the plaintiff is entitled to collect on the judgment.
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Claim
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Upon the commencement of a civil action, the court will schedule a date for trial -- usually four to eight weeks from the filing date. Within five days of filing the claim, the court will mail copies of the Statement of the Small Claim and Notice of Trial to the defendant via certified mail.
Answer
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The defendant has the opportunity to respond to the claim prior to the trial by filing an answer. An answer denies the allegations and presents the defense. If the defendant fails to respond, the plaintiff must still appear at the hearing. The defendant's failure to file an answer does not automatically result in a default judgment.
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Hearing
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If the defendant fails to appear at the hearing and the plaintiff is present, the court may issue a default judgment against the defendant. The court is not required to hear evidence before making this ruling. However, the court may decide to hold a hearing when damages are uncertain or if the claim appears meritless.
Evidence
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If the court decides to hold a hearing prior to issuing the default judgment, the plaintiff should be prepared to defend the claim or present evidence of damages. The court may reduce the damage award requested by the plaintiff if it finds that the amount was inflated or that damages were actually lower because the plaintiff included improper expenses.
Military Affidavit
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If the plaintiff failed to include the appropriate information regarding the defendant's military status on the Statement of the Small Claim and Notice form, the plaintiff must file a military affidavit. A military affidavit is a document in which the plaintiff states that the defendant is not in the U.S. military. If the defendant was in the military when the court issued the default judgment, the court may void the judgment upon a showing of proof. Once the plaintiff submits a military affidavit, the court will issue the default judgment. The court will issue a 30-day payment order after entering the judgment.
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