A Massachusetts Motion to Vacate Default Judgment (Housing) is the formal request a tenant or landlord files in the Massachusetts Housing Court to undo a judgment that was entered because one party failed to appear, answer, or follow a court order in a summary process (eviction) case. Filing this motion is the legal lifeline that pauses an eviction, restores your right to defend the case, and forces the court to weigh your reason for missing the hearing against the harm to the other side.
The motion is governed by Mass. R. Civ. P. 60(b) and Uniform Summary Process Rule 10, and the most common version of the form is the Trial Court’s Motion to Remove Default and/or Vacate Judgment (Housing Court revision date 11/2017, still current in 2026). According to the Massachusetts Trial Court 2024 statistical report, Housing Courts processed more than 38,000 summary process cases, and roughly 1 in 4 ended in a default — meaning thousands of tenants every year need this exact motion to keep a roof over their heads.
Here is what you will learn in this guide:
- 📝 How to fill out every box on the Housing Court motion form, line by line, in plain English
- ⏰ The deadlines under Rule 60(b) and Summary Process Rule 10 that decide whether your motion is even allowed
- 📎 The exact attachments — affidavit of meritorious defense, proposed answer, certificate of service — that judges expect
- 🏛️ How to file at every Housing Court division, by eFileMA, in person, by mail, or by fax
- 🛡️ The most common field-level mistakes that get motions denied and how to avoid each one
What the Form Is and Who Must File It
The Motion to Remove Default and/or Vacate Judgment is a one-page Trial Court form, supplemented by an affidavit, that asks a Housing Court judge to wipe out a default or default judgment and put your case back on the active docket. It is the procedural vehicle for tenants who lost by default after missing the first-tier hearing, for landlords who were defaulted for failing to file a complaint or appear, and for either party who lost a post-judgment motion because they did not show up.
You must file this motion if a judge has signed a default under Mass. R. Civ. P. 55(a) or entered a default judgment under Rule 55(b), and you want a chance to defend the case on the merits. Tenants are by far the most common filers because the Massachusetts summary process timeline moves in days, not months, and a single missed Thursday hearing can produce a 48-hour execution-ready judgment. Landlords also file when a tenant counterclaim is dismissed by default or when the court enters judgment for possession but the landlord wanted money damages.
The motion is not the same as an appeal. An appeal asks a higher court to review legal errors. This motion asks the same Housing Court judge to recognize that the prior judgment was entered without your participation and that fairness requires another look. The legal authority comes from Mass. R. Civ. P. 60(b), which lists six grounds — mistake, newly discovered evidence, fraud, void judgment, satisfied judgment, and the catch-all “any other reason justifying relief.” For Housing Court summary process matters, Uniform Summary Process Rule 10 layers on a more forgiving standard for removing the default itself before judgment enters.
Ignoring the form when you have grounds is the costliest mistake a filer can make. The default judgment becomes final after 10 days, an execution (the eviction order) issues, and a constable or sheriff can physically remove you and your belongings within 48 hours of a 48-hour notice. A common misconception is that calling the clerk or emailing the judge counts. It does not. Only a written, signed motion with an affidavit, served on the other side, opens the door.
Before You Start: Documents and Information You Need
Gather everything below before you touch the form. Walking into the clerk’s office without these documents is the single biggest reason motions get rejected at the counter or denied at the hearing. The Housing Court self-help guide and MassLegalHelp’s eviction packet both stress that preparation, not eloquence, wins these motions.
- Docket number — the case number printed on every notice from the court (format 24H85SP001234); without it the clerk cannot pull your file.
- Copy of the default or default judgment — the order you are trying to vacate; the judge needs to see what you want undone.
- Original summons and complaint — proves what you were served with and when, which controls the deadline.
- Government-issued ID — required for in-person filing and for eFileMA account verification.
- Proof of your reason for missing court — hospital records, work schedule, death certificate, car-tow receipt, screenshot of bus disruption; without proof, judges see only excuses.
- Proposed answer with defenses and counterclaims — required attachment showing you have a real defense; without it, the meritorious-defense prong fails.
- Affidavit of meritorious defense — sworn statement explaining your defense in fact-specific detail; the heart of the motion.
- Certificate of service — shows you delivered the motion to the landlord or the landlord’s attorney; without it, the clerk will refuse the filing.
- Filing fee or fee waiver — most motions in summary process carry no fee, but a Supplement R Affidavit of Indigency may be needed if a fee is assessed.
- Two stamped envelopes — for mailing copies to the other side and to yourself if you file by mail.
If any item is missing, do not guess. Call the clerk’s office for your division — the Eastern Division, Western Division, Central Division, Southeast Division, Northeast Division, or Metro South Division — and ask the assistant clerk-magistrate to confirm what is acceptable.
Where to Get the Form and How to Access It
The official form is the Trial Court’s Motion to Remove Default and/or Vacate Judgment, revision date 11/2017, hosted on Mass.gov. You can also pick up a paper copy at any Housing Court clerk’s office, and most divisions keep a stack on the public counter inside the clerk’s office during business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Tenants who prefer plain-language alternatives can use the MassLegalHelp Motion to Remove Default packet, which contains a fillable PDF, sample affidavit, and a step-by-step checklist tailored for pro se tenants. The Greater Boston Legal Services tenant forms library also offers a Housing Court-specific template that judges across all six divisions accept.
If you are filing electronically, the form is uploaded as a PDF through the eFileMA portal, the statewide electronic filing system used by every Housing Court. You will need to register with an email address, choose “Housing Court” as the location, select your division, and upload your motion, affidavit, proposed answer, and certificate of service as separate PDFs. The portal walks you through fee selection — choose “no fee” for a Rule 60(b) motion in a summary process case unless the clerk specifically tells you a fee applies.
A common misconception is that the Trial Court’s general civil motion form is interchangeable with the Housing Court version. It is not. The Housing Court motion has a specific caption, a checkbox for “remove default” versus “vacate judgment,” and a built-in space for the affidavit reference. Using the wrong form risks a clerk rejection and burns precious time inside the 10-day execution window.
Step-by-Step: How to Fill Out the Motion to Remove Default and/or Vacate Judgment Line by Line
The form has a caption block, a body with checkboxes, a request-for-relief section, and a signature block. Below, every field gets its own H3 walkthrough. Fill in ALL CAPS in the printed boxes unless the form says otherwise, use MM/DD/YYYY for dates, and write legibly in blue or black ink if you fill it out by hand.
Caption: Court Department and Division
This top-of-form field tells the clerk which Housing Court Department and which division (Eastern, Western, Central, Southeast, Northeast, Metro South) owns your case. Write the words HOUSING COURT DEPARTMENT and immediately below it the division name, for example EASTERN DIVISION.
To answer it, copy the exact division name printed on your summons or notice of default. Do not invent or abbreviate — the Trial Court division list shows the official spellings.
For example, Maria Lopez, a tenant in Dorchester, writes HOUSING COURT DEPARTMENT — EASTERN DIVISION because Dorchester sits inside the Eastern Division’s territory.
A common nuance arises when a case has been transferred between divisions. If the summons shows one division but later orders show another, use the most recent division and attach a one-line note explaining the transfer.
The biggest mistake here is writing DISTRICT COURT or SUPERIOR COURT on a Housing Court motion. The clerk will reject the filing at the counter, and you lose a day inside the 10-day window.
A misconception is that the division is decided by the landlord’s address. It is not. Housing Court venue follows the rental property’s address, per G.L. c. 185C, § 3.
Caption: Docket Number
The docket number is the unique case number assigned when the summary process complaint was filed. It usually looks like 24H85SP001234, where 24 is the year, H85 is the court code, and SP means summary process.
To answer it, copy the number exactly from the upper right corner of any document the court has sent you. Match every digit and letter.
For example, Marcus Johnson writes 25H79SP004410 in the docket box because that is the number printed on his Notice of Default from the Western Division.
A nuance comes up when the case has both a summary process docket and a related civil docket (for example, when a tenant filed a separate emergency injunction). Use the summary process docket because that is the case where the judgment lives.
The most common mistake is transposing digits, which sends the motion to the wrong file folder and delays the hearing past your execution date. Always double-check.
A misconception is that the docket number changes after default. It does not. The number stays with the case for life, even through appeals.
Caption: Plaintiff and Defendant Names
This block lists who sued whom. The plaintiff is almost always the landlord or property manager. The defendant is the tenant.
To answer it, copy the names exactly as they appear on the summons. If the landlord is listed as 123 Main Street LLC, write 123 Main Street LLC, not John Smith d/b/a 123 Main.
For example, Aisha Williams writes Plaintiff: Beacon Hill Realty Trust and Defendant: Aisha Williams on her form because that matches her summons exactly.
A nuance: when there are multiple tenants on the lease but only one is filing the motion, list all defendants in the caption and add (filed by Defendant Aisha Williams only) under the signature line.
A common mistake is dropping a co-tenant’s name. If the judgment was entered against both tenants and only one moves to vacate, the other remains bound by the judgment. Both should sign or both names should appear.
A misconception is that nicknames are fine. They are not. Bob instead of Robert on a legal motion can trigger a clerk’s identity question and slow the filing.
Title Line: “Motion to Remove Default and/or Vacate Judgment”
The form has the title pre-printed but offers checkboxes so you can specify which relief you want. You will check one or both depending on whether a default has been entered, a judgment has been entered, or both.
To answer it, check Remove Default if only a default (not a judgment) has been entered, Vacate Judgment if a judgment has been entered, or both if the court entered a default and then a judgment. The Summary Process Rule 10 commentary explains the difference.
For example, Janet Pierre, who missed the Thursday first-tier hearing and saw a default judgment entered the same day, checks both Remove Default and Vacate Judgment.
A nuance: if you are unsure whether judgment has formally entered, call the clerk and ask for the docket entry. Judgment usually enters the next business day after default in summary process cases.
The biggest mistake is checking only Remove Default when judgment has already entered. The judge can deny the motion as moot because removing the default does not undo the judgment.
A misconception is that vacate and appeal mean the same thing. They do not. Vacate keeps the case in Housing Court; appeal moves it to the Appellate Division.
Body Paragraph 1: Identification of the Movant
The first paragraph of the body says Now comes the [Plaintiff/Defendant] in the above-captioned matter and respectfully moves this Honorable Court to…
To answer it, circle or write in Defendant if you are the tenant, Plaintiff if you are the landlord. Write your full legal name in the blank.
For example, Carlos Reyes writes Defendant Carlos Reyes because he is the tenant moving to vacate.
A nuance arises with guardians or conservators filing on behalf of a tenant. Write Defendant Carlos Reyes, by his guardian Elena Reyes and attach the guardianship decree.
A mistake is leaving the [Plaintiff/Defendant] bracket unfilled. The clerk reads it as incomplete and may reject the filing.
A misconception is that pro se needs to be written in this line. It does not. Pro se status is shown by the absence of an attorney’s signature, not by labeling yourself in the caption.
Body Paragraph 2: Grounds Under Rule 60(b) or Summary Process Rule 10
This is the heart of the motion. The form leaves blank lines for you to state the legal grounds and the factual reason for the default.
To answer it, identify the Rule 60(b) clause that fits — (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, (3) fraud, (4) void judgment, (5) satisfied judgment, or (6) any other reason justifying relief. For pre-judgment defaults in summary process, cite Summary Process Rule 10(b) and its “good cause” standard. Then write 2–3 sentences explaining the factual reason.
For example, Maria Lopez writes: Defendant moves to vacate under Mass. R. Civ. P. 60(b)(1) for excusable neglect. Defendant was hospitalized for an emergency appendectomy on the morning of the hearing, as shown by the attached Boston Medical Center discharge summary dated 03/14/2026. Defendant has a meritorious defense of breach of warranty of habitability, as set forth in the attached affidavit and proposed answer.
A nuance: if service was defective (for example, the constable left the summons at a vacant unit), cite 60(b)(4) — void judgment because a judgment without proper service is void, not merely voidable. The Bushnell v. Bushnell standard governs voidness.
The most common mistake is writing only I missed court because I was sick with no clause citation and no proof. Judges deny these motions because the affidavit of meritorious defense and the rule citation are both missing.
A misconception is that I forgot counts as excusable neglect. It usually does not. The Berube v. McKesson standard requires more than ordinary forgetfulness.
Body Paragraph 3: Statement of Meritorious Defense
The form requires a brief statement that you have a real defense to the underlying claim, supported by the affidavit you will attach.
To answer it, write one sentence naming each defense — for example, breach of warranty of habitability, retaliation under G.L. c. 186, § 18, improper notice to quit under G.L. c. 186, § 12, failure to mitigate, or rent withholding under G.L. c. 239, § 8A. Reference the affidavit by writing as set forth in the attached Affidavit of Meritorious Defense.
For example, Aisha Williams writes: Defendant has meritorious defenses of breach of the warranty of habitability under G.L. c. 111, § 127L and retaliation under G.L. c. 186, § 18, as set forth in the attached affidavit and proposed answer.
A nuance: if the case is a non-payment case, the strongest defense is usually conditions-based rent withholding under G.L. c. 239, § 8A. Cite it by name.
The mistake is writing I have a defense without identifying it. Judges treat that as no defense at all.
A misconception is that a meritorious defense must be a guaranteed winner. It does not. It only needs to be plausible and fact-supported.
Body Paragraph 4: Absence of Prejudice to the Other Side
Judges weigh whether vacating the judgment will unfairly harm the landlord. Address this directly.
To answer it, write a sentence such as Granting this motion will not prejudice Plaintiff because Defendant remains in possession, rent has been paid into escrow, and the case can be re-scheduled within 14 days. Adjust to your facts.
For example, Marcus Johnson writes: Plaintiff suffers no prejudice because Defendant has paid use and occupancy of $1,400 into escrow, the unit is occupied, and Plaintiff’s counsel has not relied on the judgment to lease the unit to a new tenant.
A nuance: if you cannot pay use and occupancy, offer to pay what you can and ask the court to set the amount. The Adjartey v. Central Division decision encourages courts to be flexible.
The mistake is ignoring this prong entirely. Even strong excusable-neglect cases lose when the landlord shows real prejudice and the movant did not address it.
A misconception is that prejudice means the landlord is unhappy. It does not. Prejudice means lost evidence, lost witnesses, or a re-let unit.
Request for Relief
This is the Wherefore clause where you tell the judge exactly what to order.
To answer it, write WHEREFORE, Defendant respectfully requests that this Honorable Court (1) remove the default entered on [date]; (2) vacate the judgment entered on [date]; (3) restore the case to the active trial list; (4) stay any execution issued in this matter; and (5) grant such other and further relief as justice requires.
For example, Janet Pierre writes the exact wherefore clause above, filling in 03/06/2026 for the default date and 03/07/2026 for the judgment date.
A nuance: if an execution has already issued, add a separate paragraph requesting recall of execution under G.L. c. 235, § 23. Without it, the constable can still levy.
The mistake is asking only to vacate the judgment without asking to stay execution. The judgment can be vacated while the execution remains live, leaving you exposed.
A misconception is that the court automatically stays execution when a motion is filed. It does not. You must ask, in writing, for the stay.
Signature, Date, Address, and Phone
The signature block at the bottom requires your handwritten signature, the date, your mailing address, and a phone number.
To answer it, sign in blue or black ink, write the date as MM/DD/YYYY, print your full mailing address, and include a phone number where the court can reach you.
For example, Carlos Reyes signs Carlos Reyes, dates it 03/15/2026, writes 45 Maple Street, Apt 2B, Worcester, MA 01605, and lists 508-555-0142.
A nuance: if you have moved since the case was filed, use your current address and add a parenthetical (new address; previous address: [old address]) so the court updates the docket.
The mistake is using a P.O. Box without a street address. Housing Court rules require a physical address for service, even if mail goes to a P.O. Box.
A misconception is that an electronic signature suffices on a paper filing. It does not. Paper filings need wet ink.
Certificate of Service
A separate certificate of service must accompany the motion. The Trial Court’s certificate of service form is acceptable.
To answer it, write I, [your name], certify that on [date] I served a copy of the foregoing Motion, Affidavit, and Proposed Answer on [opposing party or attorney name] at [address] by [first-class mail / hand delivery / email with consent]. Sign and date.
For example, Maria Lopez writes: I, Maria Lopez, certify that on 03/15/2026 I served a copy of this Motion, Affidavit of Meritorious Defense, and Proposed Answer on Attorney Robert Chen at 200 Devonshire Street, Boston, MA 02110, by first-class mail, postage prepaid.
A nuance: email service is allowed only when the recipient has consented in writing. Do not assume email works.
The mistake is forgetting the certificate entirely. Clerks reject motions without one, every time.
A misconception is that the clerk serves the other side for you. The clerk does not. Service is the movant’s job.
Three Filled-Out Examples Using Real Scenarios
Below are three named filers walking through the motion from caption to signature. Each scenario reflects one of the most common Housing Court fact patterns.
Scenario 1 — Maria Lopez: Hospitalized on Hearing Day
| Form Section | What Maria Enters |
|---|---|
| Court and Division | HOUSING COURT DEPARTMENT — EASTERN DIVISION |
| Docket Number | 26H85SP002145 |
| Plaintiff | Beacon Hill Realty Trust |
| Defendant | Maria Lopez |
| Relief Checked | Both Remove Default and Vacate Judgment |
| Grounds Paragraph | Mass. R. Civ. P. 60(b)(1) — excusable neglect (emergency appendectomy) |
| Meritorious Defense | Breach of warranty of habitability (no heat 12/2025–02/2026) |
| Prejudice Statement | Use and occupancy of $1,650 paid into escrow; unit not re-let |
| Wherefore Clause | Remove default, vacate judgment, recall execution, restore to trial list |
| Signature/Date | Maria Lopez / 03/15/2026 / 45 Maple St, Boston, MA 02124 |
Scenario 2 — Marcus Johnson: Never Served the Summons
| Form Section | What Marcus Enters |
|---|---|
| Court and Division | HOUSING COURT DEPARTMENT — WESTERN DIVISION |
| Docket Number | 25H79SP004410 |
| Plaintiff | Springfield Property Group LLC |
| Defendant | Marcus Johnson |
| Relief Checked | Vacate Judgment |
| Grounds Paragraph | Mass. R. Civ. P. 60(b)(4) — void judgment for defective service |
| Meritorious Defense | Improper 14-day notice to quit; no rent ledger provided |
| Prejudice Statement | Defendant resides in unit; rent current; no prejudice to Plaintiff |
| Wherefore Clause | Vacate judgment, recall execution, dismiss for improper service |
| Signature/Date | Marcus Johnson / 04/02/2026 / 78 Pine St, Springfield, MA 01105 |
Scenario 3 — Janet Pierre: Missed Continued Hearing After Snowstorm
| Form Section | What Janet Enters |
|---|---|
| Court and Division | HOUSING COURT DEPARTMENT — METRO SOUTH DIVISION |
| Docket Number | 26H77SP000987 |
| Plaintiff | Brockton Housing Partners |
| Defendant | Janet Pierre |
| Relief Checked | Both Remove Default and Vacate Judgment |
| Grounds Paragraph | Rule 60(b)(1) excusable neglect — MBTA suspension during 02/13/2026 nor’easter |
| Meritorious Defense | Retaliation under G.L. c. 186, § 18 (motion filed after Board of Health complaint) |
| Prejudice Statement | Tenant present and ready to try case within 14 days; rent in escrow |
| Wherefore Clause | Remove default, vacate judgment, stay execution, set new trial date |
| Signature/Date | Janet Pierre / 02/20/2026 / 22 Court St, Brockton, MA 02301 |
How to File the Completed Form
You can file the motion four ways. Each Housing Court division accepts all four channels, but processing speed varies. The Housing Court e-filing guide explains each method.
Online via eFileMA. Go to the eFileMA portal, log in, choose Existing Case, enter your docket number, and upload the motion, affidavit, proposed answer, and certificate of service as separate PDFs. There is no fee for a Rule 60(b) motion in summary process. Processing time is the same business day if filed before 4:00 p.m. Save the confirmation email — that is your proof of filing.
In person at the clerk’s office. Bring three copies (one for the court, one for the other side, one stamped for your records) to the clerk’s office of your division between 8:30 a.m. and 4:30 p.m. The clerk stamps each copy with the date and time. There is no fee. The motion is processed the same day, and a hearing is usually set within 7–14 days. Your stamped copy is your proof of filing.
By mail. Send the original plus two copies to the clerk’s office of your division — for example, the Eastern Division clerk’s office at 24 New Chardon Street, Boston, MA 02114. Use certified mail with return receipt requested. Processing time is 3–5 business days from receipt. The return receipt is your proof of filing.
By fax. Some divisions accept fax filings under Trial Court Standing Order 2-20. Call the clerk first to confirm the fax number and the cover-sheet requirements. Processing is usually next business day. The fax confirmation page is your proof of filing.
For all channels, the Affidavit of Indigency covers any unexpected fee. Pay by check, money order, or credit card via the portal; cash is not accepted by mail.
What Happens After You File
Once the motion is docketed, the clerk schedules a hearing — usually within 7–14 days, sometimes the next court day if an execution is imminent. You will receive a written notice by mail and, if you e-filed, an email confirmation through eFileMA.
At the hearing, the judge reads the motion and affidavit, listens to both sides, and decides on the spot or takes the matter under advisement. Bring all your proof — medical records, work schedules, photos of conditions — and a copy of your proposed answer. The judge applies the Berube v. McKesson factors: whether the motion was timely, whether you have a meritorious defense, whether the default was the result of excusable neglect, and whether the other side will be prejudiced.
If the motion is granted, the default and/or judgment are wiped out, the execution is recalled, and the case is restored to the trial list. You will get a new trial date, often within 14 days. If the motion is denied, the judgment stands, the execution remains live, and you have 10 days to file a Notice of Appeal under G.L. c. 239, § 5 plus the appeal bond requirements that apply.
A common misconception is that filing the motion automatically stops the eviction. It does not. You must specifically ask the judge to stay execution, and the stay is not automatic until granted in writing.
Mistakes to Avoid When Filling Out the Form
The Trial Court’s self-help guide flags these as the highest-frequency errors. Each one has a direct, painful consequence.
- Skipping the affidavit of meritorious defense. The judge denies the motion for failing the second Berube prong.
- Citing the wrong Rule 60(b) clause. The judge applies the wrong standard and denies for legal insufficiency.
- Filing more than one year after judgment under 60(b)(1)–(3). The motion is time-barred and cannot be heard.
- Forgetting the certificate of service. The clerk rejects the filing at the counter.
- Using the District Court motion form instead of the Housing Court form. The clerk rejects the filing.
- Leaving the docket number blank or incorrect. The motion is filed in the wrong case file and missed at hearing.
- Failing to ask for a stay of execution. The constable can still levy while the motion is pending.
- Writing I forgot without supporting facts. The judge denies for insufficient excusable neglect.
- Missing the hearing on your own motion. The motion is denied for non-prosecution.
- Not paying use and occupancy when you can. The judge weighs prejudice against you.
- Using a P.O. Box without a street address. The clerk rejects the filing for incomplete service address.
- Failing to attach a proposed answer. The judge denies for failing to show the case is defendable.
Do’s and Don’ts
These quick rules separate granted motions from denied ones in every division.
Do’s
- Do file within 10 days of the default whenever possible because the Berube timeliness factor is decisive.
- Do attach proof of your reason for missing court because affidavits without exhibits rarely move judges.
- Do attach a proposed answer with every defense and counterclaim because it proves the case is defendable.
- Do request a stay of execution in the wherefore clause because stays are not automatic.
- Do pay use and occupancy into escrow because it neutralizes the prejudice argument.
- Do call the clerk before filing because each division has small local-practice quirks.
Don’ts
- Don’t write a one-line motion because conclusory motions are denied at sight.
- Don’t blame the lawyer or court because judges read it as failure to take responsibility.
- Don’t mail without certified mail because you cannot prove the filing date if the clerk loses it.
- Don’t skip the affidavit because it is the single most important attachment.
- Don’t file under 60(b)(6) when (b)(1) fits because (b)(6) is reserved for extraordinary cases.
- Don’t ignore the deadline because Rule 60(b)(1)–(3) motions are barred after one year.
Pros and Cons of Filing on Your Own vs. With Help
Pro se filing is allowed in every Housing Court, but the Massachusetts Lawyer Referral Service and the Volunteer Lawyers Project report that represented filers win these motions at much higher rates.
Pros of filing pro se
- No attorney fees, which matters when rent is already overdue.
- Same-day filing, because you do not need to wait for an attorney’s calendar.
- Full control of the narrative, because you know your facts best.
- Lawyer-for-the-day programs at most divisions provide free hearing-day coaching.
- Plain-language MassLegalHelp packets walk you through every step.
Cons of filing pro se
- Risk of citing the wrong Rule 60(b) clause and losing on legal grounds.
- Affidavits often lack the fact-specific detail judges expect.
- Pro se filers underuse the prejudice and meritorious-defense prongs.
- Pro se filers more often miss the certificate of service requirement.
- Represented landlords have an experience advantage at the hearing.
Comparing Remove Default vs. Vacate Judgment
| Remove Default | Vacate Judgment |
|---|---|
| Used before judgment enters under Summary Process Rule 10 | Used after judgment enters under Mass. R. Civ. P. 60(b) |
| Standard is good cause shown | Standard is the Berube four-factor test |
| No outer time limit but file within days | One-year outer limit for clauses (1)–(3) |
| Affidavit recommended | Affidavit required in practice |
| Execution not yet issued | Execution often imminent or issued |
FAQs
Do I have to pay a filing fee for this motion?
No. A Motion to Remove Default or Vacate Judgment in a Housing Court summary process case has no filing fee. If a clerk assesses one, file an Affidavit of Indigency.
Can I file the motion after the constable has scheduled a move-out?
Yes. You can still file, and you should also request an emergency stay of execution. The judge can recall the execution if the motion is granted in time.
Do I write my full legal name or my nickname in the Defendant box?
No. Never use a nickname. Write the exact legal name shown on the summons so the docket matches across filings.
Can I e-file the motion through eFileMA the same day as the hearing?
Yes. eFileMA accepts same-day filings until 4:00 p.m. After 4:00 p.m. the filing posts the next business day.
Do I need a lawyer to file this motion?
No. Pro se tenants and landlords file these motions every day in every division, though Volunteer Lawyers Project help improves outcomes.
Is there a deadline to file the motion?
Yes. Under Rule 60(b)(1)–(3), the outer limit is one year from judgment. Under (b)(4)–(6), the limit is “reasonable time,” but file as fast as possible.
Do I check both “Remove Default” and “Vacate Judgment” if both have happened?
Yes. Check both boxes. If only the default is in place, check only Remove Default; if judgment has entered, check both because the default underlies the judgment.
Can I attach photographs of conditions to my affidavit?
Yes. Photos, repair tickets, Board of Health letters, and text messages are powerful exhibits. Label each one and reference them by number in the affidavit.
Do I serve the motion on the landlord or on the landlord’s lawyer?
Yes — the lawyer. If the landlord has counsel of record, serve the lawyer at the address on the summons. Serving the landlord directly when counsel exists is improper.
Is the hearing in person or virtual?
Yes — both are available. Most Housing Courts offer Zoom hearings under the Trial Court virtual hearing guidance. Ask the clerk when you file.
Do I need to bring witnesses to the motion hearing?
No. Witnesses are not required. The motion is decided on the affidavit and exhibits, though a key witness can help on close calls.
Can I file a second motion if the first one is denied?
Yes. A renewed or reconsideration motion is allowed under Mass. R. Civ. P. 59(e) within 10 days, but only with new facts or a clear legal error.
Do I list both tenants if only I am filing?
Yes. List every defendant in the caption and add a parenthetical that the motion is filed by you alone. The other tenant remains bound unless they join.
Will filing the motion stop the sheriff from coming?
No — not automatically. You must specifically request a stay of execution in the wherefore clause and obtain a written order from the judge.
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- How to Fill Out the Massachusetts Housing Court Money Damages Complaint + FAQs
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