Legal Question in Credit and Debt Law in Massachusetts

Billing Dispute

I, through my corporation, ordered $1650 of yellow page advertising from a company in Illinois. I paid them $1650 plus some late fees after much correspondence over mis-billing. They have never given me an explanation as to why they have billed me for about $3000 from their first invoice. I have faxed them and their collection agency a copy of the original order that also states that it was to be paid in 6 installments of $275 each.

They still, through their collection agency, are supposedly taking legal action to get the extra $1400 that they don't deserve.

The company is in Illinois. I live in Massachusetts and my corporation is a MA corporation. I made the order via fax. Where would the case be tried? Would it have to be in small claims court (I believe the max is above $1500 in MA)?


Asked on 6/27/07, 1:12 am

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Billing Dispute

The structure of the Massachusetts court system is a bit complex. Suffice it to say the Illinois company has a choice of bringing forth their action for damages in either the District Court of Massachusetts or the small claims court ( which is actually a "division" of the District court). The monetary limitation in Massachusetts small claims court is a maximum of $2000 ( excluding damage to property caused by a motor vehicle, pursuant to Massachusetts General Laws Chapter 218, Section 21). Hope I have helped.

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Answered on 6/27/07, 11:12 am


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