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Massachusetts Summary Process Summons and Complaint

Massachusetts Summary Process Summons and Complaint

Category:

Civil Procedure - Miscellaneous

State:

Massachusetts

Control #:

MA-H-SP-007-S

Format:

Instant download

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Description

This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

The Massachusetts Summary Process Summons and Complaint is a legal form used to begin an eviction action in Massachusetts. It is a two-part document that is served on the tenant to inform them of the action. The first part is the Summons, which informs the tenant of the eviction action and the date of the court hearing. The second part is the Complaint, which informs the tenant of the grounds for eviction and requests that the tenant answer the Complaint or face a default judgment. There are two types of Massachusetts Summary Process Summons and Complaint: a 14-day Summons and Complaint and a 30-day Summons and Complaint. The 14-day Summons and Complaint is used when the tenant is in violation of their lease agreement and the landlord is seeking to evict them within 14 days. The 30-day Summons and Complaint is used when the tenant is in violation of their lease agreement, but the landlord is seeking to evict the tenant within 30 days.

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FAQ

You must receive written notice of the date and time the physical eviction will take place at least 48 hours in advance. On the date set in the 48-hour notice, you must leave apartment. The landlord may use the execution anytime within a three-month period.

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.

This rule establishes a limited right to discovery in summary process actions. In keeping with the need for expeditious procedure, an automatic postponement of the trial date for two weeks from the originally scheduled date results from the timely service and filing of a discovery demand.

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.

In order to appeal a summary process case, an appealing defendant must either pay an appeal bond or file a motion to waive the appeal bond. The appeal bond is money that is held by the court to be paid to the plaintiff if the plaintiff prevails on appeal, or returned to the defendant if the appeal is successful.

In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.

In the Commonwealth of Massachusetts, summary process is the procedure by which a landlord evicts a residential tenant through the court. Summary process is governed by the Uniform Rules of Summary Process, which can easily be found online.

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