Massachusetts Small Claims Answer is a type of legal pleading filed by a defendant in response to a complaint filed in a Massachusetts Small Claims Court. The Massachusetts Small Claims Answer is a formal response to the allegations made by the plaintiff in the complaint. The Answer is filed with the court and must be served upon the plaintiff. The Answer typically includes an admission or denial of each of the plaintiff's allegations as well as any affirmative defenses that the defendant may have. Depending on the case, the Answer may also include counterclaims or cross-claims against the plaintiff. There are two main types of Massachusetts Small Claims Answer: Default Answer and Denial Answer. Default Answer is filed by the defendant when they do not intend to dispute the plaintiff's allegations and simply want the court to make a decision on the matter. Denial Answer is filed by the defendant when they do not agree with the plaintiff's allegations and wish to dispute them in court.
Massachusetts Small Claims Answer
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FAQ
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.
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.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
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.
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.
Where the defendant has been given notice as provided in these rules, trial shall not be continued to another date unless by agreement of the parties with the approval of the court, or unless there is a showing of good cause. Any motion for continuance shall be in writing unless the court permits an oral application.
Whether or not you appeared at the trial before the magistrate, you may ask the magistrate to vacate (cancel) the judgment if you have a good reason. You must request this within 1 year unless it's based on not having received notice of the small claim.
