Legal Question in Civil Litigation in Massachusetts

Suing for money: not small claims

My ex-boyfriend owes me about 4,600 in unpaid bills and loans. $3,000 of it was a personal loan for his lawyer fees and other things. He put this as an outstanding loan on his financial statement for determining child support. I have the docket number and an unsigned copy of this statement. Since the limit in small claims is $2000, am I able to sue him in regular court for the 3000 and is that enough proof that he owes it to me? Also, can I then try to sue for the remaining amount in small claims court? The remaining amount is for a cell phone bill, car payments and a deductible for an accident he had in my car.


Asked on 4/19/08, 8:55 am

1 Answer from Attorneys
Michael Bace Bace Law Group, LLC

Re: Suing for money: not small claims

The best advice is to contact a debt collection attorney, who may agree to handle your case on a contingency fee basis - which means you will not pay legal fees unless there is a successful recovery.

If the total amount owed is around $3,000.00, you may opt for small claims to take advantage of the streamlined procedures, and the low filing fee ($40.00).

However, choosing to file in small claims may forfeit your rights to any recovery above $2,000.

With respect to proof of the amount owed, only an attorney will be able to evaluate whether your claim is worth pursuing based on your facts and circumstances.

Feel free to call for an initial consultation, or with further questions.

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Answered on 4/19/08, 10:31 am


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