Boston automobile drivers face many tough road conditions while driving in Massachusetts. If your car is damaged in an automobile accident because of someone else's negligence, first try to work things out with your automobile insurance company. But if you cannot get the relief you seek or feel you are entitled to, then you may consider bringing your property damage (or car accident damage) claim before the Massachusetts small claims court.
The Boston Law Office of Neil Burns wants you to know that a dispute regarding damage to your car is sometimes best handled in Massachusetts small claims court. But, if you are injured in a car accident, you should seek advice from an attorney because your personal injury claim will most likely not be able to be filed in a Massachusetts small claims court.
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he Massachusetts small claims court is not considered a separate court, as it actually operates under special sessions of the District Court, and therefore has its own benefits and restrictions. For example, the amount of damages sought cannot exceed $2,000 in order to qualify for consideration in a Massachusetts claims court.
There is an exception to this rule. Property damage sustained in a Massachusetts car accident can exceed $2,000 in small claims court, and the court can consider statutory damages or attorney fees that are above the $2,000 limit.
Massachusetts small claims court is structured so that the parties involved can seek legal remedies in an effective and inexpensive manner. Filing fees for claims totaling less than $500 are $30 and any claim seeking more than $500 have a $40 filing fee. Civil court statutes also apply to Massachusetts small claims court, so be sure, for example, that the statute of limitations has not expired before filing your claim.
When you're filing a claim in Massachusetts small claims court, you must do so in the district where you live or work, or where the defendant lives or works. If you incurred damages from someone who works in Boston, it may serve your case to file in the Boston small claims court. Your lawyer should help you determine the best area to file your claim.
The most important filing information to obtain is the defendant's proper address. If you file a claim without the defendant's proper address, your claim will be dismissed.
