Legal Question in Business Law in Massachusetts

This is similar to in nature to this thread: http://www.lawguru.com/legal-questions/massachusetts-consumer-law/small-claims-court-questions-alice-614770601/

My scenario goes like this: Alice sues Bob for $3000 in Small Claims (for a partially executed contract with Bob's client). The contract has Bob's contact information, but the company listed is Bob's client.

Bob has explained to Alice that she is suing the wrong company (and provided not only proof of this fact, but told Alice how to reach the proper target). Bob even produced an email chain where Alice was clearly informed that the "service contract" was for Bob's client, not Bob's company. And Alice received partial payment directly from Bob's client, not Bob.

Alice proceed to sue Bob's company anyway because the real target is "uncollectable." This action will likely force Bob to travel to MA to answer the complaint ($800 for flight/hotel/car on a popular travel website), and in the process, lose two days of billable hours (call that $500/day).

1. If Bob files an "answer" document with the court, is there any chance that the judge will toss it out and travel and lost wages can be avoided?

2. What document from the plaintiff or the court would Bob need to be "certain" that the case was dismissed or withdrawn?

3. Does Bob file a counterclaim in MA Small Claims to recover travel and wages lost?

4. Does Bob instead file a Malicious Prosecution civil suit against Alice with the expected damages attached?

Whatever help you can provide would be greatly appreciated.

1 Answer from Attorneys

Related Questions & Answers

More Business Law questions and answers in Massachusetts

Looking for something else?