Legal Question in Civil Litigation in Massachusetts
I sued my driveway contractor in small claims court and won . They sent an attorneyand we agreed to a settlement . The defendant never paid so I went to the "payment review" hearing and recieved a capias for one of the owners of the company. He never showed up to the "notice to show cause" hearing. I've since found out the company is a corporation . The person I have a "capias" for is not the "principle" of the corporation . Can I have the "Notice to show cause" capias changed to go to the other person, or do I have to refile my small claims suit even th
ough I won this one ?
1 Answer from Attorneys
If you sued the corporation then the capias and payment review should reflect such. If you sued the individual then you still have a judgment on the individual and could get a capias on him. That individual would need to files documents with the court to have the judgment removed. If the attorney was representing the corporation the corporation is bound and the payment review and capias should be on the president of the corporation.
Nicole
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