Legal Question in Civil Litigation in Massachusetts

Re: Drainage problem in Plymouth.

What did you ask for? Money? Under $2,000? I don't know offhand why this has to be in Superior court, but there may be some rule about suing municipalities or something. Perhaps you're not looking for money but rather for them to do something; if that's the case, the lawyers for the other side could say that the Small Claims court doesn't have "equity jurisdiction" -- the ability to make someone do something other than to pay money damages. That might be what they are thinking.

If it has to be in Superior court, it could be a problem for a pro se litigant; there are more technicalities and procedures than you could shake a stick at in Superior Court. The lawyers COULD plan to beat you up with procedure, etc.

The insurance company is not a right to the suit as far as I know. They may (by their policy) have the right, or even the obligation, to defend their insured, which means that they foot the bill (and possibly supply the lawyer) for legal services. But the lawyer who comes in to talk for the City MUST "file an appearance for" the City, that is, must put in writing into the file that s/he represents the City. They can do it on the day of the trial, but make sure they do it before they'll be allowed to speak to the Clerk / Magistrate about the case. And then if they do that, they'll then object to the Court's jurisdiction (power) over the matter possibly before you even get to have your full story told, but stick to your guns and try to have your story heard. Then if the attorney says he's unprepared, ask the Clerk if your case shouldn't win without any opposition. And if the attorney doesn't file an appearance, object to the attorney's being heard and ask for a default. (Unfortunately, your win will only be temporary.)

Also, if you're not afraid, go ahead and mediate (with a professional mediator, instead of & before having a trial). There, try to come to the agreement that you like. Agreements can have anything in them (performance and/or money) AND Small Claims court has the power to enforce them. It's a little known fact that Small Claims courts have equity jurisdiction to enforce settlement agreements!

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I know a great attorney in Taunton; do you want to bring an attorney with you to court that day? I don't know if he'll take this case but he might be interested.