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On a final judgment recorded with the court

Longmeadow, MA |
Filed under: Litigation

Both parties want to reopen the case. What is the best way?

Do you vacate the final judgment?

There are two options one we never notified the court we changed our agreement almost entirely after it was filed and now wish to change thing and we possibly may want to litigate this once again due to new information. The funds have not transferred yet. The original Judgment was filed with the court not in front of anyone they just stamped it. Is that the same proceedure with vacating the judgment?

Also when a final judgment has been satisfied do you notify the court? What document is that called

Attorney Answers 3

Posted

You'll most likely find relief through Massachusetts Rule of Civil Procedure 60(b) and filing a motion. I've pasted the language of the rule below. As to what to file when the final judgment it satisfied, if it just a monetary judgment, you likely do not need to notify the court. If there is injunctive relief involved or if there are attachments on property or money has been secured to satisfy the judgment, you may need to proceed under Rule 60(b).

Rule 60(b)

(b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of review, of error, of audita querela, and petitions to vacate judgment are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

This answer is not intended to offer a legal opinion, to provide legal advice, or to establish an attorney-client relationship. Please contact a lawyer in your jurisdiciton to assess your legal claims. Most claims are subject to specific statutes of limitations. As such, it is important to assess your claims quickly so that you do not lose any legal rights.

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Posted

I believe the comments above are correct and should help you, but supplement your statement if you are still unsure. It would help to know more about the nature of the judgment -- money to be paid? injuction against certain behavior? etc... Good luck!

These comments are provided for informational purposes only and should not be construed as legal advice on any subject matter. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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Posted

You'll need to amend your judgment. But you need ot be careful; depending on the circumstances you may find the court fairly unsympathetic if you've ignored an existing ruling. I suggest that you seek an attorney for assistance.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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