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Small claims court reduces treble damages?

Wrentham, MA |

I recently won treble damages in small claims court in the suburbs of Boston. . the reason was that my landlord did not put the security in the bank.

My landlord filed for a motion to vacate. the magistrate reduced the judgement , The landlord(defendant) did not post a bond as the law states.

There is no recourse for plantilffs in small claims court. Anything the plantiff can do.

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Attorney answers 1


The security deposit statute is clear that damages are to be multiplied. As the plaintiff does not have a right to an appeal, recourse is limited to filing a motion for reconsideration to the Clerk and detailing that the statute is clear and cases that support the position that damages must be trebled. Due to the issues you are facing many attorneys do not recommend that these claims be brought in the small claims session. Also, as attorneys fees are also mandated by the statute, many attorneys will handle these on a contingency fee, or seek the award from the court to be paid by the landlord.

Depending on the amounts involved, you may wish to speak to an attorney about the specifics of you matter and what else may be done, if anything. Good luck.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

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