Philadelphia, PA asked in Small Claims, Consumer Law and Collections for Massachusetts

Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit providing documentation of the debt, including legible copies of documents establishing the existence, amount, terms and conditions applicable to the debt, as well as other documentation about the debt.....

verify the defendant's address before starting the suit (to ensure you get all of this information about the debt and notice about the legal action), and

certify that the statute of limitations has not expired.


1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Consumer Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 user found this answer helpful

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