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Massachusetts Small Claims Questions & Answers
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... Read 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 would... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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
Christopher Tolley
Christopher Tolley answered on Dec 14, 2018

There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising... Read 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 sign... Read 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... Read 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 her full intentions.... Read 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 aren't sure...
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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 saying I would... Read 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 contract is...
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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Massachusetts on
Q: Company that sued in small claims court sold my account. Who do I owe?

Credit card company took me to small claims court for a balance owed. We agreed to terms and that payment is made through the law firm representing them. Lawyer at court instructed me where to send payment. When I called that office they claimed they don't accept payments and to use their... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

The entity that purchased the right to the money would be owed the money from you, but they'd have to provide you written proof of that right. Otherwise you won't know whether they're trying to scam you or not. More details are necessary to provide a professional analysis of your issue. The best... Read more »

3 Answers | Asked in Contracts, Car Accidents, Consumer Law and Small Claims for Massachusetts on
Q: Is "property damage" a legal issue? A tow truck driver damaged my car.

A tow truck driver towed my car and damaged the front fenders, front bumper, and undercarriage when he tried to remove the equipment attached to my car. He and the owner of the company refused to pay for the repairs to my car, and I want to file a small claims suit against the company. I also have... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 30, 2017

Were you illegally parked? How did the damage specifically occur? You may be able to sue them in small claims court for objectively unreasonable damage to your car during the tow. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Massachusetts on
Q: Can i ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

They have 5 health violations and have not fixed them. The town is taking to court on those as well. Plus defamation of character to us. They lied to the town saying we are threating them and they need escorts to property. There is a ton of thing wrong here but i dont want to spend money just to be... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 12, 2017

Why would you want to live in a condemned house? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: If I was unable to pay a credit card & was expected to go to court, what court session would that be?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 1, 2017

You should be provided notice of any court hearings, assuming the opposing party has your address and you're not being evasive. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... Read more »

1 Answer | Asked in Consumer Law, Legal Malpractice and Small Claims for Massachusetts on
Q: Is it Legal for Auto Repair shop to ask me only to pay cash for discount

Brought my car to Brake King, I had my credit card on me and they had signs they accept them. So they look at my car and the mechanic said I need ALL NEW ROTORS and Brake Pads which I think is a lie but nonetheless he says he can do it for 500 dollars OR if I pay him cash 300$ and then told me he... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 20, 2017

There is no law against requesting payments in cash. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/mechanics-of-auto-repair.html

If you suspect tax fraud, you can report it to the IRS. More details are necessary to provide a professional analysis of your...
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1 Answer | Asked in Small Claims and Contracts for Massachusetts on
Q: I loaned a friend money over an extended period of time that accumulated to about $5000. Can I take this to court?

It's been over 5 years and he/she still hasn't paid me anything back

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 9, 2016

You may be running against a possible 6-year statute of limitations deadline. See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260.

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does...
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1 Answer | Asked in Small Claims for Massachusetts on
Q: A person who painted the exterior of my home is taking me to small claims court. We signed one contract and he has been

paid in full. He is demanding by yelling at me and my 3yr old more money. I've asked him to produce receipts for the extra paint he says he had to buy. He refuses. I had to place a harassment protection order on this man. If the judge sees receipts and says I have to pay the terrible painter money... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 27, 2015

Well, what does the contract say?

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