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To file suit, you must fill out a Statement of Claim and Notice form. Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.
Office of Consumer Affairs and Business Regulation 501 Boylston Street, Suite 5100 Boston, MA 02116 Consumer Hotline: (617) 973-8787 or (888) 283-3757 toll free (MA only) Use our Question / Complaint Form to submit inquiries online.
Elements (of a case) The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)
Comply With the Relevant Federal, State, and Local Rules. ... Research Before Writing. ... Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. ... Jurisdiction. ... Draft Concise and Plain Statement of the Facts. ... Factual Allegations. ... Draft Separate Counts for Each Legal Claim. ... Plead Facts With Particularity Where Necessary.
What to Say Include your name, address and phone numbers at home and work. If it is not possible to type your letter, be sure your handwriting is easy to read. Make your letter brief and to the point. ... State what you feel should be done about the problem and how long you are willing to wait to get the problem resolved.
In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.
To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.
By definition, lawsuit refers to the legal process (that is, the court case) by which a court of law makes a decision on an alleged wrong (as exhibited in the statement "a complex lawsuit that may take years to resolve"), whereas complaint refers to the initial document, or pleading, submitted by a plaintiff against a ...