What defenses can the other party raise in small claims court?
The other party in Small Claims Court in Massachusetts can raise several possible defenses. These include the following: 1. Lack of Evidence: The other party can argue that there is insufficient evidence to prove the claim. The party must provide proof that their defense is valid, such as an affidavit or witness testimony. 2. Statute of Limitations: The other party can use the statute of limitations as a defense if the claim was filed after the relevant time period had expired. 3. Lack of Jurisdiction: A party can argue that the court does not have the jurisdiction to hear the case. For example, if the court lacks jurisdiction over the subject matter of the dispute. 4. Incorrect Parties: The other party can claim that the parties involved in the dispute are not the ones who should be named in the lawsuit. 5. Improper Service: If the other party was not properly served with the complaint, then they can use this as a defense. 6. Payment or Credit: The other party may argue that they have already paid the claim or received credit for it elsewhere. 7. Special Defense: Depending on the nature of the dispute, the other party can raise a special defense. For instance, they may claim that the contract was invalid or illegal, or that the action taken was either necessary or a result of mutual mistake.
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