Legal Question in Appeals and Writs in Massachusetts
Appeal of a Small Claim to a Single Justice
I sued a debit collection angency in MA for putting false reccords on my credit report.
they didn't show, and I won by default.
The appealed to have the default removed (also inside of small claims) and lost the appeal.
They are now appealing agian to a single justice (on the form it says this will remove thier right to trial by jury).
Am I correct in thinking that this appeal is outside of the small claims system?
Does this mean I nead a lawyer? If so, and I win, can I sue agian for legal expenses?
1 Answer from Attorneys
Re: Appeal of a Small Claim to a Single Justice
Based on your facts, it sounds like the collection agency is appealing to a single justice of the Appeals Court. The Appeals Court is outside of the small claims system. The Appeals Court is probably only deciding whether default was appropriate. If it decides default was not warranted it will likely remand it back to small claims.
In regards to a lawyer, it is always better to have a lawyer representing your interests at the Appeals Court level. However, it is not required. Unfortunately, given the fact that the initial claim was in small claims court the disputed amount is probably low. Involvement of an attorney will greatly increase your costs. There may be a chance to recoup attorney�s fees but it is not guaranteed and in fact may be difficult.
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