Pursuing a Case in Small Claims Court

Pursuing a Case in Small Claims Court
INTRODUCTION
ACKNOWLEDGMENTS
ABOUT THE AUTHORS
TABLE OF CONTENTS
PART 1
Determining Whether to Bring a Claim in Small Claims Court
1. Determine Whether it is Permissible to File in Small Claims Court
2. Decide Whether it Is Advantageous to File in Small Claims Court
Nature of Claim
Advantages and Disadvantages
The Defendant’s Possible Tactics
PART 2
Filing a Claim in Small Claims Court
3. Prepare the Application
Statute of Limitations
Six Steps to Filing Your Claim
Step One
Step Two
Step Three
Step Four
Step Five
Step Six
PART 3
Handling the Hearing
4. Ensure Service
5. Appear for the Hearing
6. Conduct the Hearing
PART 4
Pursuing an Appeal
7. Decide Whether an Appeal of a Judgment Is an Option
8. Follow the Procedural Requirements
PART 5
Enforcing a Judgment
9. No Separate Action to Enforce Small Claims Judgment
10. The Automatic Payment Review Hearing
Authority
Background
Requirement by Rules
Amending Judgment to Include Costs
Common Practice (Who Appears Before Magistrate, Who Appears Before Judge)
The Burden
Financial Statement of Judgment Debtor
Exempt Income
Regarding Agreements
Continuance of Hearing to Produce Documentation
Referral to Judge for Hearing on Contempt
Execution
11. The Payment Order
After Judgment
After Payment Review Hearing
Debtor to Be Informed of Possibility of Contempt Finding
Review Dates Following Order of Court
What if Claim Is Paid in Full Before Next Review Date?
Continuance of Review Hearing if Payments Current
12. What if the Debtor Is a Business (Corporation or D.B.A.)?
Payment Review May Still Be Scheduled
Capias Can Only Issue Against an Officer
Procedure When Officer Not Named on Judgment or Payment Order
Amending Judgment to Include Name of Corporate Officer to Whom Court Could Direct Order for Payment
Debtor Is a D.B.A. (Sole Proprietorship)
Capias
PART 6
Recovering Costs
13. Seek Postjudgment Interest Awards
14. Request Postjudgment Cost Awards
15. Be Aware of Small Claims Preference
PART 7
Keeping in Mind the Limitations of the Small Claims Court
EXHIBIT A—G.L. c. 218, §§ 21–25
EXHIBIT B—Uniform Small Claims Rules Changes Effective October 1, 2009
EXHIBIT C—Uniform Small Claims Rules
EXHIBIT D—Forms to Implement Amendments to Uniform Small Claims Rules
EXHIBIT E—Small Claims Standards
EXHIBIT F—Small Claims Court Forms
Form DC-SC-1 Statement of Small Claim and Notice of Trial
General Purpose Motion
Form DC-CR-19 Appearance of Counsel
Payment Agreement
Form DC-SC-6 Financial Statement of Judgment Debtor
Form DC-SC-4 Defendant’s Claim of Appeal
Acknowledgment of Satisfaction of Judgment
EXHIBIT G—Demand for Payment of Dishonored Check
EXHIBIT H—Small Claims Courtsand Contact Information