How do I file for injunctive relief in Massachusetts?

Asked almost 2 years ago - 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. Jeffrey K. Varszegi

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Under M.G.L. c. 239, ยง 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/cour...

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

    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/legaltacti...

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

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

  2. Erik Hammarlund

    Contributor Level 18

    Answered . There isn't enough information to answer specifically. This link should prove helpful in getting a general understanding:
    http://www.masslegalhelp.org/housing/booklets/e...
    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... more
  3. Henry Lebensbaum

    Contributor Level 20

    Answered . 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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  4. Rixon Charles Rafter III

    Contributor Level 20

    Answered . 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.... more

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