A small claims lawyer is an attorney who helps individuals who are litigating – bringing suit and representing themselves – in a small claims lawsuit and in some cases can act as legal representation for the plaintiff. In Massachusetts small claims cases are generally heard in the district courts and are currently capped at the maximum amount of $7,000.00
Small claims are a class of lawsuit that do not involve large sums of money or major losses and so often do not require an attorney to file suit. Instead, individuals who have a disagreement with another party or even creditors in creditor – debtor cases over a minor loss of property or money will represent themselves in small claims court. A small claims lawyer in Leominster, Massachusetts and elsewhere in the Commonwealth of Massachusetts will often get involved by acting as a legal advisor to the small claims litigant. A Leominster, Massachusetts small claims lawyer such as Attorney Gary Abrams will many times provide legal, professional, and procedural advice to help a small claims plaintiff argue his or her case before a small claims judge.
Even though small claims cases cannot be appealed, a good small claims attorney will help litigants prepare something called a Motion to Reconsider which can be presented to the ruling judge. Some small claims lawyers in Leominster, Massachusetts and elsewhere will participate in small claims cases as a third party mediator to hear and weigh both sides of a case and help the two parties communicate and come to an agreement.
In Massachusetts, small claims cannot exceed $7000 unless the suit is based on property damage sustained in a car accident. However, if you believe you or someone you know has a valid small claim, you might want to consult a small claims lawyer in Leominster, Massachusetts. He or she to help you with your case if it’s close to that amount because statutory damages and attorney’s fees are allowable in certain circumstances, such as consumer protection and landlord/tenant cases. An experienced Leominster, Massachusetts small claims lawyer will tell you that even though the potential award in a small claims case may exceed that amount, the base amount stated in the lawsuit cannot exceed $7000. If you are going to represent yourself in a small claims case you might be well equipped encouraged to discuss your case with an attorney. Even though the results may seem small or limited, some small claims cases are very complex and require some type of discovery or evidence to proof your case. Our firm can usually represent someone in a small claims case for a small price or even a fixed set fee arrangement making it beneficial to the litigant to be represented by counsel.
Filing a small claims lawsuit is often the best way to attempt to recover a wide range of losses, but it helps to have experienced, professional legal advice from a small claims lawyer in Leominster, Massachusetts. If you’d like to know more about Massachusetts small claims law or find out more about hiring a small claims lawyer in Leominster, Massachusetts, contact the Law Office of Gary M. Abrams.