Motion to Remove Default in a Debt Collection Suit
Instructions, Example and Sample Form
A Motion to Remove Default is the way you ask the court to take away the
judgment they made against you. It gives you the chance to tell your side of
the story. To learn more about default judgment and what you can do about
it visit and search
“What is a Default Judgment and
what do I
do?”
Use these instructions to complete the sample “Motion to Remove Default”
Form on page 5. We have also included an example motion filled out by
Kerry Timberland, a made up person.
Instructions for Sample Form
1.
The Bank of New Debt is suing
At the top left corner of the
Kerry so she wrote “Bank of
Motion form you will see
New Debt” on the line before
“_____, ss”. This is where you
“plaintiff”.
write the county you live in. Put
in the same county that is on
5.
The “__________defendant”
the complaint that the plaintiff
line needs to say who is being
sent to you.
sued. Copy the name listed on
In the example, Kerry lives in
the complaint before the word
Dorchester so she lives in
“defendant” on your motion. It
Suffolk County.
is probably your name.
The Bank of New Debt is suing
2.
On the “______ Division” line,
Kerry so she wrote her name on
write in where the court is
the line before “defendant”.
located.
6.
The Court is located in
In the body of the Motion on
Dorchester so Kerry wrote in
line 2, write why the case was
“Dorchester.”
decided against you and how
you fixed the problem. The
3.
Write in the docket number on
“final judgment” that notified
the “Docket no.________”
you the case was decided
line. You can find this number
should tell you why the other
on the complaint that the
side won. If you do not
Plaintiff sent you.
understand why ask the Civil
Court Clerk or a lawyer of the
Kerry’s docket number was on
day to help.
the top right corner of the
complaint she got. She just
Kerry did not file a written
copied it “2011-CV-3833”.
answer within 20 days after she
received the complaint from the
4.
The “____________plaintiff”
plaintiff. The court entered a
line needs to say who is suing
default judgment against her
you. Copy the name listed on
because she did not answer.
the complaint before the word
She completed
the answer
form.
“plaintiff”.
She is filing it with this motion.
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