I work at a fast food type sub shop in Massachusetts and the boss who owns the place says that we cannot accep....
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5/23/2012 08:22
by Tipsno |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05
by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49
by TinaW |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Nstar
Small claims court might be the best solution for you here, but note that the jurisdictional limit for damages in that court (not counting punitive damages) is $7000. The small claims court is going to be much easier for a non-attorney, pro se litigant to maneuver. (anything over $7000 puts you in district court with a whole different and more complex set of procedural requirements). You can also seek treble damages in accordance w/ MA's unfair and deceptive acts and practice statue 93A even if that takes the overall proposed judgment award over the initial $2000 entry limit. Note though that it is possible for the defendant to file a motion to have a small claim removed to a district court, which is a tactic larger corporations and their attorneys employ when faced w/ small claims, but you could oppose this motion should it occur.
In terms of whom to name as defendant, if you have the name of the subcontractor who caused the damage, they should be named as a party, as should Nstar. If you discover there are other entities involved, such as the subcontractor's insurance company, they can be named as well. (There's no limit to the number of defendants to case, assuming they're all somehow involved in the injurious action). If there is an insurance company involved, you might try to contact them AFTER you've filed the small claim. Knowing that you're serious and there's an actual small claim pending gives you a little negotiating leverage w/ them to settle w/o having to go to court (though the small claim process is not that daunting one way or another so you don't lose much by contacting them even if they don't want to settle).