How to File a Massachusetts Malicious Prosecution Civil Lawsuit
- 1). Determine if the facts support a valid claim for malicious prosecution. The sole fact that you feel wronged and victimized will not necessarily translate into a successful suit. Carefully document all the facts of the prior suit to make an assessment of the likelihood of prevailing. Analyze each of the four required elements to see if they square with your facts.
- 2). Draft a complaint. The complaint is the pleading that sets forth the facts in support of your claim. A complaint in Massachusetts should contain a short and plain statement of the claim showing that you were wronged and a demand for the judgment to which you are entitled.
- 3). Determine the proper court in which to file your complaint. In Massachusetts, the Superior Court hears civil actions when the amount in controversy is over $25,000. The district court hears small claims and actions that do not exceed $25,000 in controversy. The fee for filing a complaint in the Superior Court as of July 2011 is $240, with an additional $20 as a security fee and $15 as a surcharge.
- 4). Serve the summons. This will give the defendant notice that a case is pending against him, at which court house it was filed and the date after which he will be found in default. The summons should be delivered to a sheriff or other law enforcement personnel for service on the defendant.
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