Legal Question in Real Estate Law in Massachusetts

Transfering Small Claims to Housing Court

Does a former tenant have the right to transfer a small claim case brought by the plaintiff for monies owed for damages to the housing court?

Is there anything the plantiff could say to have the clerk/magistrate deny the defendants request?


Asked on 11/24/01, 6:41 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Transfering Small Claims to Housing Court

The defendant has the right to file a motion to transfer the case to the housing court. This must be filed no later than the day before trial. I do not believe the clerk has any power to deny the transfer unless the defendant is trying to transfer to a housing court which does not service the particular city/town where the apartment is located.

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Answered on 11/26/01, 11:54 am


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