Legal Question in Civil Litigation in Massachusetts

I am a defendant in a small claim case. I incurred a credit card debt when I resided in Los Angeles, CA. I now reside in Barnstable County, MA. The credit card company hired an attorney in Middlesex County however he file the case in Suffolk County, MA which is 70 miles away. I do not have the means either logistically, financially or physically to get to the Boston Court in Suffolk County. I called Barnstable County court and they said I need to file a motion in Boston Court for a change in venue and that I would have to be present in Boston to hear that motion heard. I can not go to Boston for either a motion or the case. How can I ask the Suffolk Court for a change in venue to Barnstable Court?

Asked on 9/27/11, 11:30 am

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

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There was a case years ago in which an attorney named Frank Stanton was found to have committed unfair and deceptive acts by filing small claims actions in venues distant for defendants. I think it was also found to be unethical. I suggest you try calling the attorney and ask him to send the case to Barnstable. Of course, if you owe the money and don't have a defense, maybe you should talk to the attorney about making a deal to pay off the debt.

Answered on 9/27/11, 11:51 am

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