Albuquerque, NM asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts

Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able to file a motion to vacate the judgment due to lack of notice. The motion should be accompanied by an affidavit explaining the circumstances, such as not receiving the letter. He would likely need to serve this motion on all involved parties and then file it with the court. If granted, the court may set aside the receivership and reschedule the hearing. It's crucial to act quickly, as time is often of the essence in these situations.

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