Legal Question in Civil Litigation in Massachusetts

As a recipient of frivolous 209a in Ma, May I sue the plaintif when the ordr is

As a rooming house manager with a tennant under eviction proceedings, I was subjected to a 209a as retaliation. Much evidence beyond this is available in form of A, affidavits, B, aftermath of all other tennants leaving as to not live with plaintif. C, Police and now court records of plaintif being instigator and abusive and none the other way aside from this 209a's implication. Is there a civil suit here?


Asked on 1/10/00, 8:06 pm

1 Answer from Attorneys

Re: As a recipient of frivolous 209a in Ma, May I sue the plaintif when the ordr

Strategically, I think waiting until it expires would be a bad idea. You are allowed to challenge the order and unless you actually upset it, it more or less stays on record, so to speak.

This is rather vague and general advice, but the major point you should be aware of is this: the abuse of process claim is 100% unavailable to a defendant who lost the "underlying" suit. You have to prevail on the 209A level first then you can bring suit against the tenant for bringing the action. I'm not very certain of this, but that's my offhand guess; consult an attorney near you to get a more definitive answer, please.

This is free advice worth only what you paid for it, not based on a full consultation nor on a full set of facts, and therefore fully disclaimed! If you need real advice for your own situation, you should engage an attorney for that purpose. If you're near Boston, or Newton, you may contact me, and I will look up the law instead of guessing.

However, practically speaking, are you every going to get any money out of a boarding house tenant? Some battles are not financially well-advised. Good luck.

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Answered on 1/18/00, 10:06 am


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