Legal Question in Credit and Debt Law in Massachusetts

moving a small claim court case to district court

I was three months late on my condo fees, $594 when I sent my pmt in. I was charged $874 in late fees, which I paid, then turned around and placed a claim through the small claims court. It seems the fees were excessive and also overreactive. The attorney for the condo association has now placed a motion to move my small claim to the district court. Are they just trying to play hard ball? Is the small claims court going to agree to move it? The claim is less than $1000...also, if I stick to my case, what are my odds of winning? It seems to be throwing good money after bad, but I hated the was I was treated.


Asked on 12/11/06, 2:32 am

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

Re: moving a small claim court case to district court

You must consult your condo association rules and bylaws for answers to most of your questions. It is possible that late fees are specifically defined in those documents, as well as your possible liability for their attorneys fees, any arbitration clauses that you may have violated by suing them, etc. The association rules and bylaws are essentially a contract between yourself and the association, and you agreed to abide by this contract when you bought the property. If you are now attempting to pursue causes of action or remedies that are squarely against that contract, they may be rightfully entitled to collect damages from you. Be careful.

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Answered on 12/11/06, 11:53 am


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