Legal Question in Credit and Debt Law in Massachusetts

Sued in two courts for the same thing..

I was evicted from a rooming house for non payment of rent. The landlord sued me in housing court for not only the rent but damages, there were no damages.

Less than a month later the landlord sued me in small claims court for back rent and damages for the same room.

He won the first case because I was unable to get to the court it was to far away for me.

I went to the second one that is in my city, they made me agree to make payments on this and I didn't feel that the Clerk Magistrate wasn't interested in my side of the story or the fact that I had already been sued for the same thing in housing court. I was told that if I don't come up with 200.00 in one week I will go to jail for contempt. I am unemployed at this time, and have a child that needs me.

I have been harrassed, my family and friends have been harrassed by this landlord. I have made payments I couldn't afford to make because the small claims court was not willing to hear my story or work with me. This bill has gotten so big it's nearly impossible to satisfy this landlord and the courts.

Is there any legal action I can take? Is an appeal too late? Why don't the Magistrates and Judges listen to the defendent? Any Advice?

Thank you for your time....


Asked on 10/18/07, 2:10 pm

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

Re: Sued in two courts for the same thing..

If the judgment was entered in small claims court within the Commonwealth of Massachusetts, there is generally no right of appeal. Further, a plaintiff ( the person suing) cannot sue and collect twice for the same cause of action. In Massachusetts, there is a provision under the law for a judgment creditor ( the person who is owed money on the judgment) to petition ( ask) the court for an order of payments from the judgment debtor ( the person owing the money). If and when the judgment debtor fails to make payments pursuant to the order, the judgment creditor can ask the court to hold the judgment debtor in contempt for a wilfull and deliberate failure to honor the order of the court ( contempt), despite having the ability to do so ( see Massachusetts General Laws Chapter 224, Section 16). Generally speaking, however, the court modifies the order to comply with the debtor's ability to pay. There are a multitude of exemptions which you may, as a judgment debtor, be entitled to under Massachusetts law. My advice is to contact an attorney who specializes in debtor-creditor rights and have he/she negotiate with the creditor to provide a calm and effective solution to your problem. Feel free to contact my office for a free consult based on the facts of your specific situation.

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Answered on 10/18/07, 5:50 pm


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