Small Claims Standards: 8:03 Judgments and 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).

Judgment should be entered immediately on a jury verdict or a judge's decision. On a verdict, or if the judge announces a decision at the end of trial, the judge should enter a contemporaneous payment order after a payment hearing.

Commentary

A judgment shall be entered forthwith upon the decision of the judge or the verdict of the jury. On a verdict, or on a judge's decision announced at the conclusion of a bench trial that requires payment of damages, the judge should hold a payment hearing and order payment to the prevailing party unless the defendant is "judgment proof" or unable to pay. See Standard 7:03. The court should also address the disposition of any bond posted by the appealing party. The court shall promptly furnish each party with written notice of the court’s judgment and order of payment along with the scheduled date of a hearing to measure compliance or ability to pay.

If, after a jury-waived trial, the judge decides that the interests of justice require reserving decision, the judge, upon reaching a decision, should, pursuant to Standard 7:04, order payment and schedule a payment hearing within thirty days or shortly thereafter. The payment hearing should take place in the court where the original small claim was filed unless the judge retains jurisdiction in his or her court.

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