August 14, 2008 by admin
I am in the middle of a dispute with a former friend over a debt he will not pay. The debt is not huge, so I do not want—and cannot afford—to get an attorney involved. What are my options in Massachusetts? Trish, Ludlow.
Like most states, Massachusetts has a Small Claims Court. Typically, a plaintiff can only use the Small Claims Court if the amount of damages she seeks is $2,000 or less. The beauty of the Small Claims Court is that it operates under a separate, less confusing set of rules designed to help pro se litigants (people not represented by an attorney).
If the debt in question is more than $2,000, you have two options. You can file your claim in District Court, but that will require you to either familiarize yourself with more complicated rules of procedure and evidence or hire an attorney. Your other option is to sue for $2,000 and give up any claim to the remaining debt. This latter approach might make sense if the debt is $2,500 or even $3,000, because unless you are comfortable pursuing a claim on your own in District Court, you will have to pay a considerable amount in attorney’s fees.
Regardless of whether you choose the District Court of the Small Claims Court, check out Representing Yourself in a Civil Case, on the Massachusetts Court System website: www.mass.gov/courts/admin/ji/repyourself.html
(Submitted by the Editor)
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