ESC Legal Office offers small claims guidance

  • Published
  • By Capt. Brian Fischenich
  • Electronic Systems Center Legal Office
HANSCOM AIR FORCE BASE, Mass. --  When people believe they have been wronged or their property has been damaged by others, they may wish to recover compensatory damages. However, the potential recovery might not be significant enough to merit hiring a lawyer and taking the case to court. Common examples of such instances could include a landlord unjustly retaining a portion of an individual's security deposit; someone damaging a piece property, costing the owner for repairs or a company selling a defective item and refusing to exchange it or offer a refund. 

The best course of action to resolve these issues is to try to work out an acceptable resolution with the person who caused the damage. When this is not possible, however, small claims court is available to resolve the matter. 

In Massachusetts, a complaint may be filed with the small claims court in the county where either the plaintiff or defendant lives or maintains a place of business, or where the rental property is located if the claim relates to a rental property. The complaint cannot seek recovery of more than $2000 and a filing fee of between $30 and $40 is required when the complaint is filed. 

After filing, a trial date is set and the defendant is served with a copy of the complaint through the mail. Unless a pretrial settlement agreement is reached, the plaintiff and defendant appear before a judge to present arguments and evidence related to the case. The judge listens to both sides, asks questions, and decides whether one party is entitled to recover money from the other. The plaintiff has the burden to prove that he or she is entitled to recover money from the defendant. 

Individuals who have an issue that may need to be resolved in a small claims court can visit the legal office during walk-in hours, held from 9 to 11 a.m. on Fridays. We offer guidance on different types of available claims, help develop arguments and identify evidence to support them and provide information on where and how to file a claim. 

For more information call the legal office at (781) 377-2361.