how to file a support complaint in massachusetts without a lawyer

You can file for child support by going to your local Probate and Family Court. Ask the clerk for the forms and fill them out. You do not have to have a lawyer to file for child support. You can get child support by filing a Complaint for Support. Only file this complaint if you are married to the other parent.

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How to file a complaint in Massachusetts court?

File a complaint. If you have already filed a complaint about this issue, and have a question or need to provide new information, please call our Consumer Hotline at 617-727-8400. Do not file an additional complaint. Please do not send additional documentation to the office until we contact you regarding your complaint.

How do I contact the Massachusetts Attorney General's consumer hotline?

You will need to file: Complaint for Separate Support (CJD 102) Certified copy of civil marriage certificate (this is available from the Registry of Vital Records) A financial statement (based on income). Learn more about filing financial statements in the courts. If you have children with your spouse, you’ll also need to file:

How do you format a complaint in a lawsuit?

Get a Complaint for Support form and instructions from the Probate and Family court website or from any probate and family court in Massachusetts. The full name of this form is "Complaint for Support Pursuant to G.L. c. 209 §32F." If you need child support you will also need a copy of the Child Support Guidelines Worksheet. Fill out the Complaint for Support.

How do I contact the Massachusetts consumer advocacy&Response Division?

You can file for child support by going to your local Probate and Family Court. Ask the clerk for the forms and fill them out. You do not have to have a lawyer to file for child support. You can get child support by filing a Complaint for Support. Only file this complaint if …

How do I file a lawsuit in Massachusetts without a lawyer?

To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.

Who can serve a complaint in Massachusetts?

In Massachusetts, the following persons may serve process: Sheriffs and their deputies or a special sheriff (that is, a person appointed by a sheriff under M.G.L. c. 37, § 4).

What is included in a complaint?

A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.

How much does it cost to file a lawsuit in Massachusetts?

The filing fee for small claims of $500 and under is $40. The filing fee for claims of $501 to $2000 is $50. The filing fee for claims of $2001 to $5000 is $100. The filing fee for claims of $5001 to $7000 is $150.

How do you serve someone in Massachusetts?

The defendant must sign the original summons where it says “Acceptance of Service” in the presence of a notary public, and you must then deliver the original summons signed by the defendant to the court as proof of service. You can often find a notary public at a bank, and most attorneys are also notary publics.

How long do you have to serve a complaint in Massachusetts?

(July 1988): This amendment sets a 90 day limit after filing for the service of the summons and complaint upon defendants, unless "good cause" is shown.

When can you start making a complaint?

Always begin with step 1 – politely explaining the problem. Then, you can use phrases like “This is…” or “It is…” followed by one or more descriptive words.

How do I write a legal letter of complaint?

How to write an effective complaint letterBe clear and concise. ... State exactly what you want done and how long you're willing to wait for a response. ... Don't write an angry, sarcastic, or threatening letter. ... Include copies of relevant documents, like receipts, work orders, and warranties.More items...•

What is the difference between a complaint and a lawsuit?

A complaint is the first document filed in court to initiate a lawsuit. It is a formal legal document which typically lists the plaintiff's view of the facts and the legal reasons why the plaintiff believes they have been harmed by the defendant.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

What is the maximum amount you can sue for in small claims court in Massachusetts?

$7,000What's the small claims dollar limit in Massachusetts District Court? You can ask for up to $7,000 (with some exceptions) in the small claims division in Massachusetts District Court—the court that handles small claims matters in Massachusetts (or Boston Municipal Court).

What is the limit for small claims court in Massachusetts?

$7,000 or lessSmall claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.

What are the rules for complaint in Massachusetts?

The Massachusetts Rules of Civil Procedure, Rules 8-15 set forth the requirements for a complaint. While there are a few formalities that must be met, there are not any "magic words" required for a complaint. The rules provide you with a great degree of flexibility to tell your story in your complaint.

How to sue someone in Massachusetts?

To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief. While the courts have forms that can be used as complaints for some types of actions, such as divorce, in general you must draft the complaint yourself. This guide is an overview of the process of drafting a complaint for a civil action.

What is the statement of facts in a complaint?

The statement of facts is the section of a complaint where you tell your story by stating the facts that resulted in the dispute with the defendants. You should tell your story in a straightforward manner that is "simple, concise, and direct." Rule 8 (e). The statement of facts should tell the complete story, but it does not have to include every detail. You do not have to provide evidence that the facts are true, and you should not include facts or evidence that do not relate directly to your claims against the defendants. A reader should be able to understand what happened, but should not have to wade through pages of detailed descriptions.

What is the caption in a complaint?

In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name ...

What relief do you get if you win a case?

This section is where you tell the court what relief you should get if you win. The relief may be an award of damages, it may be an injunction to stop the defendants from acting or require them to act , or it may be something else allowed by statute. You can request multiple kinds of relief, either cumulatively (such as compensatory damages and punitive damages) or in the alternative (such as an injunction or damages). In general, the court is not bound by the request for relief and can grant whatever relief you are entitled to if you win, even if you did not request it. Rule 54 (c). Still, it is a good idea to end your request for relief with a catchall paragraph that requests "such other relief as the Court deems just."

How many parts are there in a complaint?

In general, a complaint has six parts: caption, parties, statement of facts, statement of claims, request for relief, and jury demand.

How to identify each claim in a complaint?

For each claim, go through every element of the claim in separate paragraphs, stating the specific facts that establish each element.

How to serve papers on spouse?

Serve papers on your spouse. After you’ve filed, you need to let your spouse know that you’ve filed. To do this, you have to arrange for them to be served with a copy of the complaint that you filed (the “notice”) and a “domestic relations summons”.

What type of payment does a local court accept?

Local courts differ on the type of payments (cash, check, credit card, etc.) that they will accept. Call your court to find out which methods of payment are accepted in that location.

Can a judge order child support?

The judge can order support for you or your child, as well as medical support for you or your child. The judge can also order the transfer or sale of a house you or your spouse owns.

Can you file for separate support if you have children?

If you have children with your spouse, you’ll also need to file: If you have an attorney, they’ll need to file: Please note: Under M.G.L. c 209, § 32F, the court can’t order child custody or the transfer or sale of the home you own. However, if you file under this law, you should file a Complaint for Separate Support pursuant to G. L. c.

Can I file for support or custody without getting divorced?

Yes. You may want to stay married, but you need support and health insurance. You may also need custody of your children, while you are married, and you may need support and health insurance for them.

How much does it cost to file a case?

The Probate and Family Court charges fees for filing and handling certain documents. As of July 1, 2009, there is no fee to file a Complaint for Support, but there is a charge of $5 for a summons. Also, deputy sheriffs and constables usually charge $35-$45 to serve the papers on your spouse.

Can I keep my address secret?

Yes. You can keep your address secret from your spouse if you need to do this to stay safe. See Protecting your information in Probate and Family Court .

Filing a Complaint for Support

Get a Complaint for Support form and instructions from the Probate and Family court website or from any probate and family court in Massachusetts. The full name of this form is "Complaint for Support Pursuant to G.L. c. 209 §32F." If you need child support you will also need a copy of the Child Support Guidelines Worksheet.

What happens after I return the summons to the Court?

When you return the summons to the court, the clerk will look up your case to see if any court date has already been scheduled. If you filed a Motion for Temporary Orders, you will already have a court date. If your spouse files an Answer to your Complaint before you return the summons to the court, you will already have a court date.

What happens at a Case Management Conference?

At a Case Management Conference the judge will talk to you about your case. The judge can hear the case and grant a Judgment of Support if:

Going to trial - Getting a Judgment of Support

There will be a final hearing, also called a trial. At the trial the judge will decide your support case. Even at a trial, you and your spouse can settle the case with a written agreement that you sign and ask the judge to approve. The judge will issue a Judgment of Support.

When you file for child support, do you file a complaint?

When you file for child support you will file a “complaint”. All complaints except the Complaint for Support of Spouse or Child and the Complaint for Protection from Abuse (G.L. c. 209A) have:

Who must serve with a complaint?

If you filed the complaint, you must give the motion to the sheriff or constable to serve with the complaint.

How to get child support faster?

Getting child support by filing another type of complaint can take longer. You can get child support more quickly by filing a Motion for Temporary Support along with the complaint. Ask the clerk for a " motion form .". There is no extra filing fee for the motion.

What happens if my parent doesn't send me a financial statement?

He can get in trouble with the court for refusing to do so. If he does not send you the form within the time limit, you can file a motion asking the court to make him send it to you. This is called a Motion to Compel.

What is a subpoena letter?

A subpoena is a letter that tells a person they must:

What is a complaint for protection from abuse?

Complaint for Protection from Abuse (G.L. c. 209A): Get an order protecting you from further violence.

How long does a temporary order of support last?

The temporary order will last until you get the final order in your divorce or support case.

Why should you file your own criminal complaint ?

Why should you file your own criminal complaint ? Justice for victims is not always served! Why ? because the police, prosecutors and the judicial system are grossly understaffed and not adequately funded to deal with the current case load.

Steps and requirements

Steps and requirements 1.) File a police incident report 2.) Gather and determine whether you have a reasonable amount of evidence beyond just "he said,she said" to prove a crime was committed against you. 3.) File a criminal complaint form at your the local District court where the offense took place. 4.) Appear at the show cause hearing and present your witnesses and/or evidence to the clerk magistrate. There are no formal rules of evidence at a show cause hearing.

How to answer a summons to a plaintiff's attorney?

If the plaintiff’s attorney’s address is on the summons, send a copy of your answer to the attorney. Fill out the ‘certificate of service’ on the last page of your answer. This is where you swear to the court that you have mailed the answer to the plaintiff’s attorney or the plaintiff. Mail or deliver the original answer to the court clerk.

Where to file answer on summons?

File the Answer in the same court that is at the top of the summons form. It should say:

How long do you have to mail a copy of a court order?

Mail or deliver the original answer to the court clerk. You have five days from the day you gave a copy to the plaintiff to get the original to the court.

How to resolve a dispute with a company in Massachusetts?

Sometimes if you have a dispute with a company or another person, the only way to resolve it is to take them to court. Although you should try to use a lawsuit only as a last resort after you've exhausted all other options and still haven't gotten what you believe you deserve, once you decide to file the state of Massachusetts has many resources if you want to file a suit yourself. If your claims are complex or if you anticipate you'll face a significant challenge from the other side, you probably want to consider consulting an attorney.

How long do you have to answer a counterclaim in Massachusetts?

File your own answer to any counterclaims. If the other side alleges any counterclaims against you, Massachusetts gives you 20 days to file your own answer to those counterclaims. [28]

What does it mean when a complaint is verified?

If the rules require your complaint to be verified, that means you have to sign it in front of a notary public. The notary serves as a witness to authenticate your signature.

What is subject matter jurisdiction in Massachusetts?

Subject matter jurisdiction extends not just to the type of case, but also the amount of damages you're seeking. If you're suing for more than $25,000 in Massachusetts, you must sue in Superior Court. The District Court has jurisdiction for all claims seeking less than $25,000.

How long does it take to respond to a lawsuit?

Wait for an answer from the other side. Once you file your complaint, the person or business you sued has 20 days to respond with an answer or any counterclaims. [27]

How to request relief from the court?

Request relief from the court. In the last paragraph of your complaint, make a general request to the court to grant appropriate relief for the claims you listed. In this section, you must state what you want the court to give you if you win.

Do you have to demand a jury trial in Massachusetts?

If the type of lawsuit you're filing allows you to have a trial by jury, you should demand one at this point in your complaint. Massachusetts court rules require you to demand a jury trial within a brief period of time or you've essentially waived your right to a jury.