Legal Question in Civil Litigation in Massachusetts
My Small Claims Counter Claim was not addressed at the hearing.
I was being sued in Small Claims Court. I discovered exactly how to Counter Claim and sent this letter certified to both plaintiff and Court House, Small Claims Dept. received and signed for in plenty of time prior to hearing. However, the Counter Claim was never addressed at the hearing.
My question is, is it the responsiblity of only the defendant to bring forth the counter claim at the hearing - or shouldn't it have been addressed by the Magistrate, who was hearing and judging the case.
Also, the judgement was sent by mail....with never a reason nor explanation given, as to why this judgement was made. Is this protocol; and can I not appeal to bring forth the (never addressed) counter claim?
Thank you so much for any assistance.
1 Answer from Attorneys
Re: My Small Claims Counter Claim was not addressed at the hearing.
Yes, the general procedure in small claims court is for the magistrate to render a decision without explanation. You do have a right to appeal, but you have to notify the court in writing within 10 days of receiving the court's decision or you will lose this right altogether. You will also have to pay a modest filing fee amd perhaps a bond. Check with the court first to make sure that you understand what they expect from you. Good luck.
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