The Massachusetts Statement of Small Claim and Notice of Trial is a document used to notify the defendant of the claim they are being sued for. This document is typically used in small claims cases, such as those seeking monetary damages. It is issued by the court and includes the details of the case, including the amount of money being sought, the court date and the location of the trial. The Massachusetts Statement of Small Claim and Notice of Trial comes in two different forms: 1) Summons and Complaint: This form is used when the plaintiff (the individual bringing the claim against the defendant) is seeking monetary damages and the defendant must appear in court for the hearing. 2) Complaint Only: This form is used when the plaintiff is seeking monetary damages, but the defendant does not need to appear in court for the hearing. The Massachusetts Statement of Small Claim and Notice of Trial must be served to the defendant as soon as possible in order for the case to move forward.
Massachusetts Statement of Small Claim and Notice of Trial
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FAQ
The judge might find the defendant in contempt or issue a new order. If the defendant does not appear at the hearing or does not follow the judge's order, the defendant may be arrested and held in contempt of court.
Keep in mind, the court will require some type of proof that your claim is valid prior to entry of judgment. If the Defendant appears for the trial and you don't appear, or if neither of you appears, the case will be dismissed.
Small claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.
If you don't pay the amount required even though you're able to, you may be held in contempt of court and imprisoned or given additional costs. Pay the full amount directly to the other party (the "judgment creditor") unless the magistrate has ordered otherwise.
What to do if you win your small claims case Step 1: Ask for payment. The party that wins the case is called the ?judgment creditor,? and the party that needs to pay is called the "judgment debtor."Step 2: Attend a payment hearing if one has been scheduled.Step 3: Tell the court that you've received payment.
If the judgment debtor isn't following the magistrate's payment order, then both parties must go to the scheduled payment hearing. If the judgment debtor doesn't appear, without further notice a magistrate may issue a civil arrest warrant (capias) for their arrest.
You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Massachusetts statute of limitations periods is six years for oral and written contracts, and three years for personal injury and property damage cases.