Legal Question in Credit and Debt Law in Massachusetts
Small claims - massachusetts/michigan
My husbands's company (which he owns) in Michigan is being sued in a Massachusetts Small Claims Court. This person believes we owe him a commission for a machine we sold to a company in New Hampshire. Shouldn't this claim have been filed in Michigan? Also, we received the notice via regular mail - not certified. As well, this attorney (person's son) has my husband as the defendant - not the corporation. Any advice would be appreciated! Thanks in advance.
3 Answers from Attorneys
Re: Small claims - massachusetts/michigan
The issue is whether a Massachusetts court has jurisdiction over your husband's Michigan corporation et al. pursuant to the Massachusetts Long Arm Statute.;) This would be required before a Massachusetts court would have any power to adjudicate the issues. The answer is very fact specifc. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.
Re: Small claims - massachusetts/michigan
Your husband should retain a Massachusetts attorney to review the matter fully and determine whether the Massachusetts Court has jurisdiction and to file appropriate pleadings to protect his interests. Good Luck!
Re: Small claims - massachusetts/michigan
I am sorry to hear that you have been sued.
A judgment from the small claims division is just as valid as a judgment of the District or Superior Courts, and should be taken seriously.
First, in the small claims division, service is made by the Court, not by the individual. Your receipt by regular mail is sufficient.
Second, without knowing all of the facts it is impossible to determine whether Massachusetts has jurisdiction. Assuming you contracted with a Massachusetts corporation and caused some harm here in the Commonwealth, the Courts here would have jurisdiction.
Please feel free to contact my office if you require local representation.