Massachusetts Affidavit of Indigency - Revised July 2007

State:
Massachusetts
Control #:
MA-SKU-0101
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PDF
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Affidavit of Indigency - Revised July 2007

The Massachusetts Affidavit of Indigence — Revised July 2007 is a document used to prove that a person is unable to pay court costs, fines, and fees due to financial hardship. It is a sworn statement that includes the individual's financial information, such as income, assets, and debts. The affidavit is used by the court to determine if the individual qualifies for a waiver of court costs and fees. There are two types of Massachusetts Affidavit of Indigence — Revised July 2007: the Self-Represented Affidavit and the Attorney Represented Affidavit. The Self-Represented Affidavit must be completed by the individual and notarized in order to be accepted by the court. The Attorney Represented Affidavit is completed by an attorney on behalf of the individual and must be signed by both the individual and the attorney. Both types of affidavits must be filed with the court in order for the waiver of court costs and fees to be granted.

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FAQ

Acceptance of service is defined as an agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff.

Massachusetts Small Estate Affidavit - EXPLAINED - YouTube YouTube Start of suggested clip End of suggested clip And the will if it exists. Step two fill out the affidavit. Complete the affidavit using theMoreAnd the will if it exists. Step two fill out the affidavit. Complete the affidavit using the information collected. And get it notarized. Step three file with the probate court filed the affidavit.

Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.

How do I serve the summons if the defendant does not live in Massachusetts? When the defendant lives out of state, serve them the same way you do as if they live in Massachusetts. Find a sheriff, constable, or other person who is not involved in your case and who works where the defendant can be found.

?Service of Process? is the way you deliver court papers to the person required to respond to them. This person is called the ?defendant.? You must tell the defendant, in writing: there is a case, what the case is about, what the defendant must do, if there is a court hearing, and when and where to come to court.

In the State of Massachusetts, the law requires two (2) witnesses to sign this document, and a notary public must observe the signatures of the witnesses and the testator. A self-proving affidavit must be attached to the last will and testament once completed.

When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.

A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.

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Massachusetts Affidavit of Indigency - Revised July 2007