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Proof of address, filing small claims Massachusetts

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  • Proof of address, filing small claims Massachusetts

    I work for a company and time to time, we are required to file a small claims suit at our local court to collect monies owed for services rendered. As of ~November 2009, the court implemented some changes and placed the burden of address proof for the defendant on the plaintiff (i.e. we are required to document a correct address for the defendant for the claim to even be filed).

    The form we are required to fill out has different options and we must document that (depending on the category) we meet the requirements and can document that we are using the correct address for the defendant.

    For defendants who own their home, it is easy as we have online land records and that will suffice along with a letter mailed via first class mail that was not returned by the post office.

    The problem I am running into is for individuals who do not own their property (i.e. renters) while I can mail a letter, I will need to meet one more requirement (and I can't use the land records since they don't own the property). The court form says that we can use any other "government database or RMV records)...But, I can 't figure out what how to use "government database or RMV records. I spoke to the RMV and I was told that they can not confirm an address and I have no idea what else we can do. We have one particular case that we really would like to file but since she rents, I can not find a way to meet the requirements of proof for where she lives (although I know she is still at that address, I mailed a letter that was not returned and she still answers the phone { are not allowed})...Any other thoughts/suggestions/recommendations?? Your help is greatly appreciated.

  • #2
    Have you considered contacting the property owner and asking that individual for verification of the tenant living in their property?
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.