This story is part of MassLive’s ongoing housing court guide series. You can read other stories in the series here.
If you miss your eviction hearing (or a hearing in another type of case), the judge may enter a default judgment, meaning you automatically lose your case. In eviction cases, this means your landlord will be able to evict you without you having a chance to defend yourself.
Especially in eviction cases, default judgments can be very difficult to remove, so do everything you can to be there for your hearing. However, if it does happen, you can file a motion to remove default to request the judge reconsider the decision.
To file the motion, fill out this form and file it with the court where your case was heard. If you did not already file an answer, attach it with your form. If you are filing the motion more than 10 days after the default judgment, you will also need to ask on the form for the court to stop the eviction until a hearing is held on your motion.
In your motion, explain why you missed your court date and if you are not attaching an answer form, describe your defense to the eviction case. When you file the form, ask the clerk when a hearing can be scheduled.
You can also use this guided interview to fill out the form for you based on the answers you provide.
If you have already received a 48-hour notice of an eviction, indicate that on the form and tell the clerk you want to speak to a judge right away.
