NCJ Number
55753
Date Published
Unknown
Length
9 pages
Annotation
THIS PAMPHLET PREPARED BY THE BERKSHIRE COUNTY CONSUMER ADVOCATES, INC., DESCRIBES THE SMALL CLAIMS COURT AS AN INEXPENSIVE WAY FOR CONSUMERS TO RESOLVE DISPUTES AND OUTLINES THE COURT'S PROCEDURES.
Abstract
MASSACHUSETTS SMALL CLAIMS COURTS AVOID THE COMPLEXITIES AND TECHNICALITIES WHICH DETER MANY CONSUMERS FROM SEEKING LEGAL HELP. COURT PROCEDURES USUALLY INVOLVE THE SIMPLE RECITATION OF EACH PARTY'S STORY TO THE JUDGE; THE SERVICES OF LEGAL COUNSEL ARE NOT REQUIRED. MASSACHUSETTS RESIDENTS MUST USE THE SMALL CLAIMS COURT WITHIN THEIR OWN DISTRICT, OR WHERE THE DEFENDANT RESIDES OR DOES BUSINESS. THE MAXIMUM AMOUNT OBTAINABLE IN THE COURT IS $750. MATTERS INVOLVING MORE THAN THAT AMOUNT SHOULD BE REFERRED TO A PRIVATE ATTORNEY, OR TO THE CONSUMER ADVOCATES. THE COURT CLERK AT EACH DISTRICT COURT WILL ASSIST CONSUMERS IN THE FILING OF A SMALL CLAIMS ACTION. PARTIES FILING AN ACTION SHOULD PROVIDE THE CLERK WITH THE PRECISE LEGAL NAME OF THE DEFENDANT, A BRIEF STATEMENT OF THE REASON FOR THE SUIT, AND THE FILING FEE OF $3.98. IN COURT THE PLAINTIFF SHOULD PRESENT ANY LETTERS, CONTRACTS, RECEIPTS, AND PHOTOGRAPHS WHICH CONCERN THE LEGAL ACTION. WITNESSES MAY BE COMPELLED TO COME TO THE COURT TO TESTIFY. CONSUMERS WHO ARE THEMSELVES DEFENDANTS ALWAYS SHOULD PRESENT THEIR SIDE OF THE ISSUE IN COURT, OR THEY RISK HAVING A DEFAULT JUDGMENT AGAINST THEM. ADDITIONAL DISCUSSION CONCERNS THE RIGHTS OF CONSUMERS IN COURT, PROVISIONS FOR ATTORNEY'S FEES FOR PARTIES IN COURT, AND THE AVAILABILITY OF ASSISTANCE FROM CONSUMER PROTECTION GROUPS. SAMPLE LETTERS FROM CONSUMERS TO BUSINESSES ARE PROVIDED.