A Massachusetts Summary Process Contempt Summons is a legal document that is used to compel a tenant to appear in court in order to answer a contempt charge. Contempt is a civil offense and is defined as the willful violation of a court order. In Massachusetts, a Summary Process Contempt Summons is issued when a tenant has failed to comply with a court order that pertained to a summary process action. There are two types of Massachusetts Summary Process Contempt Summons: a Contempt Complaint Summons and a Contempt Hearing Summons. The Contempt Complaint Summons is issued when a tenant is charged with contempt for failing to comply with a court order. The Contempt Hearing Summons is issued to a tenant when they are required to appear in court to answer the charge of contempt. In both instances, the tenant is required to appear in court to answer the charge of contempt. If the tenant fails to appear, a warrant may be issued for their arrest. The tenant may also be fined, jailed, or both, depending on the severity of the contempt.
Massachusetts Summary Process Contempt Summons
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FAQ
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.
In a criminal contempt of court action, the judge can sentence you to jail. These are rare cases, but they can happen. A judge can also send you to jail on a civil contempt. Most commonly this is seen in cases where the defendant owes money to the other spouse.
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.
Upon making a preliminary finding that a criminal contempt occurred, the presiding judge shall give the alleged contemnor notice of the charges and shall hold a hearing to provide at least a summary opportunity for the alleged contemnor to produce evidence and argument relevant to guilt or punishment.
A landlord can evict a tenant for not paying rent, but the landlord must first give the tenant a 14-day notice, after rent is due but not paid. The notice must state that the tenant has 14 days to either pay rent or move out of the rental unit, or the lease will terminate.
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.
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.