Small Claims Standards: 7:07 Modification of payment orders

The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002).

The court may modify a payment order at any time based on new evidence or changed circumstances.

Commentary

Either party may request the court to modify the terms of any payment order if the defendant’s financial circumstances change or if the plaintiff becomes aware of newly discovered evidence that effects the defendant’s financial ability to satisfy the judgment. All requests for modification of a payment order must be done through the court and proper notice shall be sent to the parties by the court. At any hearing on the modification of the payment order, the court may require additional financial statements by the defendant or other evidence sufficient to establish the need for modification of a previously entered payment order.