Alternatively, you may ask the Clerk for an Execution form. The Notice to Show Cause will indicate the date and time of hearing where the Court will take appropriate action to recover payment. You then must arrange to have the notice delivered to the Defendant by a county Deputy Sheriff or municipal Constable. Hard to Collect: Even if you win in the Small Claims Court, it may be difficult to collect a judgment from the defendant, especially if the losing party is not financially able to do so. If the Defendant fails to pay you, you must inform the Clerk who will issue a Notice to Show Cause to you.Another benefit is that the decision will be returned more quickly by the clerk-magistrate than in a formal legal proceeding. Quicker Results: Small Claims Courts will generally schedule a hearing on your matter soon after you file a complaint.Small Claims Court is intended to be accessible and available for everyone. You can present your own evidence and speak in layperson's terms This allows average people to present their case without being limited by formalities, such as the strict, formal rules of evidence. Less-Formalized Hearing: While the laws governing small claims are the same as those for major lawsuits, the court uses simplified procedures for the legal proceeding and the matters are often heard by a clerk-magistrate rather than a judge.Cost Savings: Bringing a claim in Small Claims Court is generally much less costly than filing in the District or Superior Court.However, the claimant, acting on his or her own behalf without the benefit of an experienced attorney, should consider the risks associated with self-representation, including his/her ability to articulate a position on the claim. You may also consider working with an attorney to prepare for the hearing, even if you choose not to have the attorney present at the hearing. If the other party has a lawyer, you are not necessarily at a disadvantage because you are representing yourself. No Attorney Required: You can speak on your own behalf in Small Claims Court and you do not need an attorney to bring a small claims case in Massachusetts, though you are permitted to retain an attorney if you wish.Specific performance of non-monetary contract obligations.Product liability (injury from a defective product) andĮxamples of Claims Not Appropriate for Small Claims Court:.Professional malpractice (of a lawyer, doctor, or other professional).Bills owed for medical treatment or bills generally. This list is not exhaustive, but rather is intended to give an example of claims that would likely belong in Small Claims Court. In landlord-tenant disputes, the Plaintiff could sue in the district where the property is located. The Plaintiff (the person bringing the suit) has the option to file suit in the District court where either the Plaintiff or Defendant (the person or business being sued) lives or has her/his place of business or employment. Each District Court is informally identified by the name of the city or town where it is located. Small Claims sessions are conducted in every Massachusetts District Court, the Boston Municipal Court, and the Boston Housing Court. If you bring your claim under the Consumer Protection Law for $7,000 or less, but are awarded double or triple damages, a potential award exceeding $7,000 may be possible.If the actual damages are $7,000 or less, but there are additional claims for statutory damages or attorney’s fees that would exceed the $7,000 limit, a potential award exceeding $7,000 may be possible.If your case is based upon property damage sustained in an automobile accident, the award may exceed $7,000.Though the above is the general rule and covers a majority of potential claims, there are a few limited exceptions: Known popularly as the people's court, small claims court is an informal and inexpensive forum to help you settle disputes of $7,000 or less.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |