OK I got a letter from Forsyth law offices telling me I can settle for a significant discount or payment plan. On April 7th, when I got the letter, it has a payment slip with a balance of $3,092.85. When I talked to her on the phone, she said I could pay the balance of $31xx.xx. Is that against the law? She is suing me in small claims court, the limit is $2,000, READ BELOW!!! This should be extortion.
As I read the law, If the amount is over $2,000 you can't waive the right of the remaining balance and just take a loss. If I remember corectly when I asked the clerk if I file a counterclaim can it be more that $2,000 and take a loss and she said NO! She said I would have to have it transfered to regular civil docket.
Please someone tell me how you interpret the law below.
Chapter 218: Section 21. Power to establish rules of procedure; venue; jurisdictional amount; hearings; damages and penalties
Section 21. There shall be within the district court department and the Boston municipal court department a simple, informal and inexpensive procedure, hereinafter called the procedure, for the determination, according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages more than two thousand dollars; provided, however, that said dollar limitation shall not apply to an action for property damage caused by a motor vehicle, and for a review of judgments upon such claims when justice so requires. The procedure shall not be exclusive, but shall be alternative to the formal procedure for civil actions begun by summons and complaint.