Small Claims Suit + Counterclaim re: Breach of Contract
I’m disabled & was the Plaintiff in a Bench Trial Dec. 2. I was seeking damages against a Defendant for Breach of Contract re: Sale of my business to him for $12K. He signed a Promissory Note stating he was responsible for all payments on a 2004 Explorer as compensation for sale of biz. He defaulted a # of times and destroyed my credit since I had to co-sign the note. The Judge ruled ”that since the action was brought the Defendant has omitted payments altogether and is certainly in breach of contract. Under the contract the P. is entitled to be paid the balance needed to pay off the vehicle. Based upon the evidence before me I am not persuaded as to the balance due(1)”. My Law. failed to prove amount due(Malpractice?)but the (1)
notation after the Judge’s ruling states: ”Neither is this decision decisive of the future right
of any party for contributions or indemnity for payments made”. The
D. stopped making payments in Aug
08 & I’ve been making them since
so I’m suing for all payments I’ve made. In the Bench Trial the Judgement was for me, the P., but I only received nominal damages of $1.00 thanks to my Attorney. The Answer & Countercl. reflect what was already adjudicated. I’m being c-sued for $2K + face repo! PLEASEHELP
Tag Archives: Massachusetts
Our home was recently taken by foreclosure, and we have received a 48 hour…
Our home was recently taken by foreclosure, and we have received a 48 hour order to vacate the premises. We have now received a summary process eviction summons and complaint from the court. The plaintiff states that we continue to hold over and occupy following a public foreclosure auction and beyond time provided in the Notice to Quit and Vacate. They are looking for damages for use and occupancy. We have not occupied the property since the end of 2008, and have moved all of our belongings as well. Why is this complaint being filed against us? Do I have to appear in court for the hearing?
Boot em OUT! I am buying a house and the seller is not giving notice to quit to…
Boot em OUT!
I am buying a house and the seller is not giving notice to quit to the tenants. What are my rights as far as getting them out? Do I have to evict them? They are tenants at will. I plan to occupy the entire (3 family) house.
Translation of and questions about non-payment notice The following is an…
Translation of and questions about non-payment notice
The following is an unintelligible notice i received in my mailbox (w/o an envelope). I would appreciate an opinion as to whether such wording is standard as it’s almost laughably offensive.
(case and punctuation left as is)
–
14-DAY NOTICE TO QUIT FOR NON-PAYMENT OF RENT
TO: (ME)
Your rent being in arrears, you are hereby notified to quit and deliver up in fourteen days from receipt of this notice the premises now held by you as my tenant namely:
(My address)
PAST DUE RENT FOR THE MONTH OF: JULY (July being crossed out with black pen and APRIL being written above) $1375 PLUS $25.00 FOR SERVICE OF THIS NOTICE
TOTAL DUE: $1400.00
HEREOF FAIL NOT, or I shall take due course of Law to eject you from the same.
(signed by someone unknown to me)
–
From what i understand, without paying the written amount i can be removed from the house in two weeks. Keep in mind this is a poor photocopy that was just dropped in my mailbox and the rent amount isn’t even correct.
This notice is also dated April 4th, and my rent is due on the first of the month; isn’t there some sort of legal wiggle room where i’m given a certain period of time to comply, especially when i’m without prior problems?
Next step after Notice to Quit I sent (via regular and certified mail) a Notice…
Next step after Notice to Quit
I sent (via regular and certified mail) a Notice to Quit to my tenants, giving them until the end of the month (14 days). Assuming they do not pay, what is my next step to getting them out of the property? What happens if they only make a partial payment? Can I refuse to accept it?