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Plaintiff obtained judgment but did not follow Rule 9A, how to reopen motion

Boston, MA |
Filed under: Litigation

Plaintiff filed a motion for a lien without following Rule 9A.The court so no opposition. The court allowed it. It is past the time for a reconsideration motion as it was discovered too late. How do you reopen this.

Attorney Answers 3

  1. Best answer

    There are exceptions to 9A, such as emergency motions and ex parts motions. Many times, lawyers proceed that way to get a lien. You should move to dissolve the lien - follow 9A.

  2. Best to ask the clerk, to be sure that you properly understand the existing status of the case. You may need anything from a rule 60 motion to an appeal, depending on circumstances.

    I also suggest you hire an attorney. When you start getting into technical Rules battles, an attorney's help is usually a good idea.

    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.

  3. I believe the comments above are correct and should help you, but supplement your statement if you are still unsure. Probably best for you to hire an attorney if there is enough $$$ involved to justify the cost.

    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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