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How do I file for injunctive relief in Massachusetts?

Boston, MA |

I am fighting a warehouser that has my belongings after an eviction, and he sent me a demand to make a $1500 payment in 10 days. I believe he has not complied with the law, among other things I never got an inventory and he has not sent me monthly statements. I sent a 93 A Demand letter, but also found that the name on the letter is different than the name on the business, and that the address and name are different on Secretary of State's website. Is there a form I fill out at court, or how do I do this? THANK YOU IN ADVANCE.

Attorney Answers 4


  1. Not sure if you're asking how to file a complaint in small claims or how to ensure your demand letter was valid. YOu referenced a 'name on the letter' what letter? The demand letter you wrote? or some other letter?

    No way to get solid guidance without laying eyes on the actual documents you're referencing. Recommend you contact a local atty (many offer free consultations) and have a chat--that should be all it takes to put you back on track.

    Best of luck.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. There isn't enough information to answer specifically. This link should prove helpful in getting a general understanding:
    http://www.masslegalhelp.org/housing/booklets/eviction-storage-law
    If you continue to be confused, you should consult an attorney.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  3. Under M.G.L. c. 239, § 4(h), "the defendant may petition the court in which the summary process action was heard for damages or injunctive relief in connection with any violation" of the obligations imposed on warehousers by that section. This may be advantageous in your situation because you can enter a petition for a temporary injunction without worrying about your new case.

    Thus if your case was heard in district court, you could enter a motion for a TRO/injunctive relief in that specific court, with the caption of the summary process case. You can write your own motion from scratch, or use the general-purpose motion form at the link below.
    http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/forms.html

    If your eviction proceeded in housing court, you could use the form available here:
    http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/forms/civiltro.pdf

    Either should be supported by an affidavit from you. This isn't the place for a primer on the law of injunctive relief, and if you want it done right you should hire an attorney, but courts are generally good about protecting the rights of pro se litigants in emergency situations warranting temporary relief, and so you may be okay. This link may be helpful as well, though it deals with TROs related to different issues:
    http://www.masslegalhelp.org/housing/legaltactics1/temporary-restraining-order.pdf

    You may also want to read Mass.R.Civ.P. 65:
    http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp65.html

    Once you file your new case, of course, you can enter a motion for a preliminary injunction pursuant to that case. Good luck.


  4. Usually I file these actions in Superior Court by and understand that you may be able to find a District Court is well so you should speak to District Court clerk.



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