Legal Question in Credit and Debt Law in Massachusetts

Re: What happens in small claims court

1) Relative must show up unless he actually arranges to pay (some if not all) a couple of weeks ahead of time and get a letter authorizing dismissal of the case; then he can get it dismissed.

If he just doesn't show, an arrest warrant (called a capeas) can (and usually will) issue.

If he has good reasons why he doesn't owe the money, he will have to go to court but if the reasons are only coming up because the dept. stor is trying to collect, it will be a little suspicious.

Usually one can negotiate to pay less than the total bill, i.e., no interest, no penalties, and sometimes even less than that.

If he goes, he will probably be asked to answer questions about his ability to pay, his social security number, bank account numbers and balances, wages, etc., either voluntarily on a form that he'll be asked to swear to or else on the witness stand in front of the judge. It's best to avoid all of that and make a deal to pay off some portion of the bill if he can.