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
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How to fill out Massachusetts Small Claims Counterclaim?
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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).
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.
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.
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.
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.
