Legal Question in Civil Litigation in Massachusetts
A friend broke my eyeglasses when he was horseplaying and hit the brim of my baseball cap down which snapped the bridge of my glasses in half. My other friend had to use her credit card since I do not have one to pay for the cost of new glasses. My friend that broke the glasses refuses to pay for my new eyeglasses even after signing a written contract that was written by my friend who owes the money on the credit card statement, stating that he would pay $25.00 a week until the total cost is paid off. He refuses to pay the money until he is given a reciept of how much he owes. He was offered a copy of my friends credit card statement showing the total cost of what he owes. He believes, however that he should only have to pay for the frames and not the total cost of the glasses. He wants an itemized reciept from Sears Optical stating how much the glasses cost. Can we take this person to court and make him pay back the money. Would we have to pay the legal fees in court or would the person that broke the glasses have to pay the legal fees?
1 Answer from Attorneys
You can take him to small claims court, where you don't need to use a lawyer. If you do use a lawyer, you would be responsible for paying that person. For a dispute of this relatively small size, however, it wouldn't make a lot of sense to hire a lawyer, and that is exactly why small claims court was created.
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