Legal Question in Civil Litigation in Massachusetts

am being unwillingly embroiled in a lawsuit interpleader case brought in Massachusetts. I no longer live in Massachusetts but in Florida. I have been informed via e-mail about the case and was told that if I do not waive service that I will be held responsible for the plaintiff’s legal expenses. This seems grossly unfair. I have no interest in waiving service and this case is frivolous. Are not the initiators of a lawsuit obliged to determine the address of persons whom they wish to sue and properly serve notice of proceedings (and not just send e-mail notices)? I have been out of the country for work as well and can not take time off work to travel to Massachusetts for a frivolous case. If a Mass Sheriff calls me on my cell phone must I give my Florida or international address?


Asked on 10/13/17, 1:36 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

A case of interpleader essentially says that the plaintiff has an asset and asks the court to determine who owns it. If you want to claim ownership then you need to cooperate. If you don't want to claim ownership you can ignore everything or fill out forms to waive any right. If you ultimately are found to be the owner of the property then you will probably have to pay the expenses of the litigation which include the cost of serving you. The dockets of Massachusetts state courts are available online at Masscourts.org. You can obtain some information which can help you decide what to do. If it is in federal court then that information is available through PACER but you need an account to get access.

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Answered on 10/14/17, 2:48 pm


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