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Massachusetts Small Claims Counterclaim

Massachusetts Small Claims Counterclaim

Name: Massachusetts Small Claims Counterclaim
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (282 reviews)

Category:

Massachusetts Statewide - Housing Court

State:

Massachusetts

Control #:

MA-SKU-0440

Format:

Instant download

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Description

Small Claims Counterclaim Massachusetts Small Claims Counterclaim is a legal procedure that allows a defendant to file a claim against the plaintiff in response to an initial small claims action. The defendant must file the counterclaim in the same court where the original lawsuit was filed and must do so within twenty days of receiving the complaint. The counterclaim must contain a statement of the facts that the defendant believes support their claim and an amount that they are asking for in damages. The defendant can ask for either money damages or a specific performance, such as the return of goods or services that the defendant believes were wrongfully taken or withheld. Types of Massachusetts Small Claims Counterclaims include: Breach of Contract, Negligence, Trespass, Fraud, Conversion, and Unjust Enrichment.

Massachusetts Small Claims Counterclaim is a legal procedure that allows a defendant to file a claim against the plaintiff in response to an initial small claims action. The defendant must file the counterclaim in the same court where the original lawsuit was filed and must do so within twenty days of receiving the complaint. The counterclaim must contain a statement of the facts that the defendant believes support their claim and an amount that they are asking for in damages. The defendant can ask for either money damages or a specific performance, such as the return of goods or services that the defendant believes were wrongfully taken or withheld. Types of Massachusetts Small Claims Counterclaims include: Breach of Contract, Negligence, Trespass, Fraud, Conversion, and Unjust Enrichment.

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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 4 - Transfer (a)To Regular Civil Docket. The court may, upon request of a party or upon its own motion, transfer a claim or counterclaim begun under the small claims procedure to the regular civil docket pursuant to G.L. c. 218, §24.

Massachusetts General Laws chapter 218, section 23 (which is reproduced below) permits a defendant to appeal from a magistrate's decision in a small claim for trial before either a Trial Court judge or a jury. If you request a trial by a judge, you will not have any right in the future to a trial by a jury.

Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).

More info

In a small claims case, you will have the opportunity to raise all of your defenses at the small claims hearing. If you believe the plaintiff owes you money – and that you would be able to sue the plaintiff for that money regardless of plaintiff's lawsuit against you – that is a "counterclaim."If you are not able (or do not want) to settle the counterclaim, you do not need to file anything with the court if you have been served with a counterclaim. This form is to be used to notify the Small Claims Court THAT YOU INTEND TO CONTEST the Plaintiff's Claim. Initial the statement below that applies to you:. Guide to Small Claims Court. Be sure to fill in the form completely. Go to the clerk's office and ask for a Small Claim Questionnaire. A small claims case is filed in the clerk of superior court's office in the appropriate county. In addition to answering the claim, you may file a Counterclaim assuming you have grounds for it.

Massachusetts Small Claims Counterclaim

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What is the maximum amount you can sue for in small claims court in Massachusetts?

What happens if I don t show up to small claims court in Massachusetts?

What is small claims rule 4 in Massachusetts?

Can you appeal a small claims court decision in Massachusetts?

What is an example of a counterclaim?

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