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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101001
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Our Company filed a customer in Small Claims payment of work

Customer Question

Our Company filed a customer in Small Claims for non payment of work done back in July of this year. Today I received a list of items from him that he wants us to fill out and send back to him. I don't feel since it is small claims and he is the plantiff that he has no right since the court date is in January. He is looking for - MA Lic #, Business Lic#, Proof of Insurance, Proof of Bond, Hourly Wage, Verification and wholesale cost of shower valve installed. Do I have to provide this information to him?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Can you please tell me - and this is very important:

1) The document he sent - what is it called/entitled? Such as, Request for Interrogatories, or Request for Discovery, etc?

2) Did he file something called a Motion for Leave in Court, or something else that specifically asked the court to authorize legal "discovery?"

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

Hello,

You have not responded to my inquiry, and I have to step away from the site soon; but I believe I have enough here for an answer.

The answer is no - this information does not have to be provided. It sounds like he is asking for legal discovery. See HERE. However, under Massachusetts' Uniform Small Claims Rule 5: Amendments and Discovery, discovery is not available in small claims court unless the party first asks permission from the Court, and then the Court has to allow it.

Unless they have received permission from the Court (normally via a Motion for Leave or a similar motion that they would have filed and a copy of which you would have received), they cannot demand discovery, and thus these questions do not have to be answered.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!