Legal Question in Consumer Law in Massachusetts

Small claims court questions.

1. If Alice sues Bob in small claims

court, does Bob have any right to sue

Alice for lost wages due to time spent

on the claim?

2. Is Bob's right to file such a claim

dependent on him winning the initial

claim.

3. If the damages that Alice is

claiming are greater than the limit for

small claims court, can she make a

claim for just part of the damages?


Asked on 12/12/07, 7:11 am

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Small claims court questions.

1. No. Probably the only possible action would be for malicious prosecution, which would require proof the suit was brought in bad faith and the person filing it knew s/he had no legal right to bring the claims. Even then, the case is going nowhere.

People have the right to avail themselves of available remedies in the public courts. Just because their claims ultimately fail does not mean they have somehow wronged the person they originally sued, or give rise to a cause of action by the winner, absent proof of malicious prosecution.

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Answered on 12/12/07, 4:47 pm


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