Legal Question in Civil Litigation in Massachusetts
Last August, I gave a guy my motocycle to fix after an accident. I paid him over $2,600 to have the work done up front under the guise that it would make it easier to purchase parts and get the job done quickly. This past Sunday 6.13.10, I got tired of waiting and finally went out to get my bike back. When it was returned, it was stripped, no longer working and I wasn't even given the key. I was told to file a small claim but it won't be heard until Sept 2010. This man has my money, parts needed for the bike to function, the cosmetic parts and has been avoiding me. I want something done now!
I want to know how to expedite my small claim or have a warrant issued to have the person arrested tha tI want to issue the claim against?
2 Answers from Attorneys
Based on what you said, I would go to the police.
I don't know that you realistically have any other good options. You can go to the police, as Attorney Harrington suggests, but my guess is that they will likely tell you that this a civil matter, not a criminal one, in which case this will not pursue this. It may be worth a try, but I don't recommend that you get your hopes up and expect that they will take this and run with it. Another alternative is that you can file an application for criminal complaint in the District Court, and you will get a hearing by a clerk magistrate to determine whether criminal charges can be brought for this. However, if the clerk magistrate determines that this is a civil mater, rather than criminal, you will be back where you started. All in all, I think your best option is to wait to have your small claims hearing.
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