Dear [Circuit Clerk's Name], I hope this letter finds you in good health. I am writing to file an order with the Massachusetts Circuit Court, and I kindly request your guidance in this matter. Enclosed you will find all the necessary documents and instructions to facilitate the filing process smoothly. As the plaintiff/defendant in Case No. [Case Number], I am submitting this order for the Honorable Judge [Judge's Name] to review and, if approved, to take appropriate action. The order seeks [briefly describe the purpose or objective of the order]. To file the order, please follow these instructions carefully: 1. Review the enclosed order: Kindly go through the enclosed document carefully, ensuring that all the information provided is accurate and complete. If you notice any discrepancies or have any concerns, please feel free to reach out to me at [phone number] or [email address] for clarification. 2. Prepare the necessary copies: Make copies of the order, following the specific requirements set forth by the court. Typically, the Massachusetts Circuit Court requires [number of copies] copies of the filed order. Please verify this information with the court's rules or guidelines and ensure accurate duplication. 3. Complete any required forms: Along with the order, you may need to fill out additional forms, such as a cover sheet or docketing statement. Be sure to complete these forms accurately and attach them to the order for filing. 4. Attach supporting documents: If there are any supporting documents, exhibits, or evidence that should accompany the order, please ensure they are properly organized and attached. Provide an index or table of contents, if applicable, to enhance clarity for review by the court. 5. Payment of filing fees: Verify the applicable filing fees for submitting the order. Include a check or money order payable to the Massachusetts Circuit Court along with the documents. If fee waivers or exemptions apply, please follow the appropriate procedures to indicate the same. 6. Assemble the filing package: Arrange the order, required forms, copies, supporting documents, and filing fees, if applicable, into a comprehensive filing package. Ensure that all documents are organized, legible, and in the correct order to facilitate the court's review. 7. Delivery options: Contact the Massachusetts Circuit Court to inquire about their preferred method of filing. While some courts may accept filings via mail, others may require in-person or electronic delivery. Confirm the correct address or any specific instructions for filing. Once again, I sincerely appreciate your time and assistance throughout this process. Should you have any questions or require additional information, please do not hesitate to reach out to me. Your guidance as the Circuit Clerk is invaluable, and I am confident that your expertise will contribute to an efficient resolution of this case. Thank you for your attention to this matter, and I look forward to receiving confirmation of the filed order in due course. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
Massachusetts Sample Letter to Circuit Clerk with Instructions to File Order
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FAQ
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.
Agreement for judgement in a summary process (eviction) case. Once approved by the judge, this agreement becomes a court order and both parties are legally required to follow it. This form is used in Housing Court when a judgment enters and a judge or clerk must determine a defendant/debtors ability to pay.
A Motion to Issue Execution is typically filed by a landlord if they are alleging that a tenant failed to abide by the conditions of a Housing Court agreement. The motion asks the court to give the landlord possession of the premises because of the breach of the agreement by the tenant.
The execution must be used within 3 months. The monetary part of the execution is valid for 20 years. After I have removed my tenant from the property, how do I collect the money I was awarded in the judgment?
How does a writ of execution work in Massachusetts? When you win your case, the court will issue you a writ of execution. Once you have that writ of execution, you can enlist the help of the sheriff to collect certain property from your debtor and sell that property at auction.
A summary process (eviction) summons and complaint is the next step after a notice to quit. You must go to court to get a justice's signature and then see that this notice is delivered to the tenant in ance with Massachusetts law. You must hire a constable or the sheriff to serve the summons and complaint.
The essential elements of the tort of abuse of process are that: "(1) `process' was used; (2) for an ulterior or illegitimate purpose; (3) resulting in damage." Jones v. Brockton Public Markets, Inc., 340 N.E.2d 484, 485 (Mass. 1975).
To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.
