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Massachusetts Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for Massachusetts on
Q: Is this situation considered "charging for services not provided" under Consumer Protection Chapter 93a?

I purchased a "package" of 10 day school classes for my dog with a dog training company. After using 6 of those classes I was fired as a client without discussion or reason. The company is refusing the refund me for the remaining 4 classes. Since I was already charged for these classes... View More

Christopher Tolley
Christopher Tolley
answered on Jul 21, 2023

You should consult the terms of the contract with the dog training company. That should outline what your rights and responsibilities are. If you feel your termination was an unfair and deceptive act or practice, and you are entitled to a refund, prepare a demand letter under G.L. c. 93A. For... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can I sell or cash out on a willed estate?

My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.

I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?

Nina Whitehurst
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answered on Apr 27, 2023

Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you... View More

1 Answer | Asked in Municipal Law and Small Claims for Massachusetts on
Q: What are the laws around visitor parking in communities?

My car got towed from visitor parking spot in the “The Chase at Overlook Ridge” in Revere, MA. The spot had a sign stating “Visitor Parking - unauthorized vehicles will be towed at owners expense”. When I went to take my car from the towing company, they said the building management hs a... View More

Christopher Tolley
Christopher Tolley
answered on Apr 10, 2023

G.L. c. 266 s. 120D covers towing from private parking lots and prohibits towing except in certain circumstances.... View More

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
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... View More

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

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 Answer | Asked in Small Claims and Collections for Massachusetts on
Q: I received a judgement from a lawsuit that a debt collector apparently did against me, but I never knew about it.

I recently received the judgement itself in their favor saying I never went to the court date, but I never knew about it. In addition to that, the address on the judgement I received is wrong as it is my sister’s house where I have not lived for over a year now. The debt collector is fully aware... View More

Christopher Tolley
Christopher Tolley
answered on Nov 2, 2022

Take the judgment to the court that issued the judgment. Go to the Civil Clerk's office. Explain the situation to them and tell them you want to make a motion to vacate the judgment for all the reasons you described. Likely they have a form for you to fill out. Write your explanation as set... View More

1 Answer | Asked in Consumer Law, Products Liability, Lemon Law and Small Claims for Massachusetts on
Q: I returned goods that I bought because I was not happy with it. Vendor does not want to return my money. What can I do?

I recently bought a stair lift from a vendor who came recommended by a friend. This was for my 87 year old dad who is 5'4". I paid $4000. The vendor asked me for pictures of the location. So, I sent him a picture of the stairway which has a door at the bottom. He mentioned that the stair... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Massachusetts attorney could advise best, but your question remains open for three weeks. A starting point could be to review the terms of the agreement or consult with an attorney to review them with you. Good luck

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Massachusetts on
Q: Backed out of shady truck deal 30 days later dealer still hasn’t cancelled loan first payment is over due

I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... View More

William J. Amann
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answered on May 5, 2023

Put your protest in writing.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Massachusetts on
Q: Wheel adapter set bought through Amazon from this company and my rear wheel fell off while going 65. Want reimbursement

I’m not the only one this is happened to according to the reviews I imagine it was just poor quality material as I have pictures of everything. The bolt heads were sheared off. Minimal damage done to truck and nobody hurt, but money had to be paid for a rental and other expenditures.

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

Forward a demand to Amazon and the company for a refund and all your expenses. Depending on how much is at issue and how much they offer, consider accepting a settlement to avoid the hassle of small claims and having to chase them to collect. Otherwise, if they refuse to pay or do not make an... View More

1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: can i sue a well reputable debt collector for saying a credit card company is going to file a lawsuit against me?

MCM contacted me saying one of the debts i owe to a credit card company is now in collections but the guy threatening me that the credit card company is going to file a lawsuit against me, he didn't say if he had proof or anything and made me pay fast.

Christopher Tolley
Christopher Tolley
answered on Apr 1, 2022

Debt collectors are not supposed to threaten to file suit unless they actually intend to do so. However, if you owe the money and you are inclined to pay you may want to treat this as an opportunity to make a settlement favorable to you.

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can a person sue me for non-payment after refusing to give me the bill?

After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... View More

Christopher Tolley
Christopher Tolley
answered on Nov 18, 2020

You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.

1 Answer | Asked in Civil Rights, Personal Injury and Small Claims for Massachusetts on
Q: Does using a person’s deadname in a school yearbook constitute any legal action?
Tim Akpinar
Tim Akpinar
answered on Jul 2, 2020

A Massachusetts attorney could advise best, but your post remains open for two weeks. In terms of practicality, it would be a case that presents challenges. In terms of textbook law, it could depend on the mental state with which it was done, on one end being innocent oversight to the other end... View More

1 Answer | Asked in Collections, Contracts, Real Estate Law and Small Claims for Massachusetts on
Q: does a homestead act on a home in mass prevent a contractor collecting money if homeowner refuses to pay final bill

I completed a foundation replacement on a property to stop the house from collapsing and the home owner is refusing to pay there final bill even tho the job passed all state inspections upon completion

Christopher Tolley
Christopher Tolley
answered on Jan 2, 2020

The Homestead Act itself does not. It may impact your ability to lien the house, however.

1 Answer | Asked in Car Accidents, Collections and Small Claims for Massachusetts on
Q: Received a "over-pay notice" for insurance check cashed

Good morning,

I was in a vehicle crash in July, 2019. I was not at fault so my damage was paid for by the person at fault. My insurance though sent me a check for damage as well, So i cashed it after they sent me a letter saying it does NOT have to be used for my vehicle. I am now receiving... View More

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2019

It sounds like your insurance carrier, either in the course of its investigation or in an audit, discovered the double payment - both from themselves and from the other driver. Either on your own or through a Massachusetts attorney, you could ask the carrier if they would be willing to consider... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Massachusetts on
Q: Can I have clarification on abandoned vehicle law and who has rights in my situation?

I live in MA and was going to sell a vehicle to a person who lives in RI. The title has yet to be sent to me by the previous owner who lives out of state. The vehicle has been sitting in the garage of the RI resident for 8 months. Since the title is not in my name and no agreement was signed, am I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2019

This question cannot be answered completely without first seeing the title to the car--the title that you do not have yet. In the meantime, you certainly must know that you cannot lawfully sell the car to anyone without owning it; right?

Then your next task is either get the title from...
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1 Answer | Asked in Real Estate Law and Small Claims for Massachusetts on
Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

In August, my basement was flooded for two days due to water pouring in from the adjacent townhouse. I filed a claim with my home owner's insurance and the master policy. Two different assessors reviewed the water damage. The one representing the master policy went next door, but my neighbor... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More

2 Answers | Asked in Small Claims and Collections for Massachusetts on
Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to
Stuart Gregory Steingraber
Stuart Gregory Steingraber
answered on Dec 14, 2018

If you have any defenses to the lawsuit, you must assert them in your case or the plaintiff will win by default. Some defenses include: Statute of Limitations has passed and therefore the debt in unenforceable; you don't owe the debt because it was incurred in someone else's name and you... View More

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1 Answer | Asked in Small Claims for Massachusetts on
Q: The defendant hasn't paid me $65 that she owes me for the boutineer and bouquet that I made her for prom. Can I sue her?

She has not paid for her items and it has been a week and the prom has already passed. She does not have the items I made her. She has not replied to any of my texts and calls. She is blatantly ignoring me. I am 19 and she is 18 so I fear that I will not win because I didn't think to have her... View More

John Espinosa
John Espinosa
answered on May 10, 2018

Maybe, but would it be worth it? Here is a helpful resource: https://www.mass.gov/how-to/file-a-small-claim-in-the-boston-municipal-court-district-court-or-housing-court

1 Answer | Asked in Domestic Violence and Small Claims for Massachusetts on
Q: Would I be able to take my ex to court and win the case?

Back in October I had my ex boyfriend arrested for domestic violence. We had an apartment together but now he is legally not allowed here even tho his name is on the lease because I got a restraining order put on him. I’m severely struggling financially due to the fact that I was used to 2... View More

John Espinosa
John Espinosa
answered on May 1, 2018

You could file a small claims case in housing court https://www.mass.gov/service-details/small-claims-in-housing-court

Here is some info about utility shutoffs https://www.masslegalhelp.org/housing/lt1-chapter-6-protections-against-shut-offs

For more help try calling legal aid in...
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2 Answers | Asked in Family Law, Probate and Small Claims for Massachusetts on
Q: I have a strange relative that is I believe is trying to see Power of Attorney of my mother's death

I haven't seen this relative in close to 12 years. And now she's trying to seek I believe power of attorney over my mother who is deceased to collect funds then my mother supposedly has. She claims that she will give us what is rightfully ours but I'm not sure if that's really... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 16, 2017

Powers of Attorney are only given by living persons. Are you trying to say he's trying to be made executor/personal representative? The local COURT has control over such things, and will hear from all interested parties to get at what is in the best interest of everyone.

If you...
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2 Answers | Asked in Employment Law and Small Claims for Massachusetts on
Q: Am I a victim of wage theft? Is there a way to make my employer pay me for my hours worked?

After working 4 years with an org on salary, I decided to leave. After leaving the salary position, I signed a "work for hire" contract w/ the org to be paid X dollars per hour for every hour I worked on two projects to help the org close out the work. The contract included a clause... View More

Nan Evans
Nan Evans
answered on May 30, 2017

What does the contract say will happen if you don't submit your hours on time? Does it describe a penalty?

If it does not describe what will happen to someone who submits hours after the deadline, you might be able to argue that you should be paid. It's also possible that the...
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