Suing a Massachusetts company or person from out of state

Who this page is for

• A company in another state whose Massachusetts customer owes a large balance
• A lender or seller whose Massachusetts borrower or buyer stopped paying on a note
• An investor or partner in a Massachusetts business who was cut out or not paid
• A buyer or seller in a Massachusetts real estate deal who lives somewhere else
• Anyone holding a judgment against someone whose assets are in Massachusetts

I generally take matters with $100,000 or more at stake.

Why the case is often filed here

The defendant is here. Massachusetts courts can always hear claims against people who live here and companies organized or headquartered here. Suing at home and then trying to enforce elsewhere can add a whole extra proceeding.

The assets are here. Real estate in Massachusetts can only be attached or levied on through Massachusetts process. Bringing the case here lets you ask for an attachment of that property at the start, so it can't be sold or mortgaged out from under you while the case runs. How attachments work.

Your contract may say so. Many contracts choose Massachusetts courts or Massachusetts law. Others choose your home state, or require arbitration. I read the dispute-resolution clause first, because it can decide where the case goes.

Massachusetts law can help. When Massachusetts law applies, contract judgments carry interest at 12% a year from breach or demand unless the contract sets its own rate, and Chapter 93A can add multiple damages and fees for unfair conduct between businesses. Estimate the interest.

Working together from a distance

1. Send the documents. Upload the contract, invoices or note, and the key correspondence. A short written timeline helps.
2. Talk it through. We meet by phone or video. I'll tell you what I think the claim is worth, what the other side will argue, what there is to collect, and how I'd charge.
3. Sign electronically. The fee agreement is in writing and signed by both of us, which we do by e-signature.
4. Stay informed without traveling. I handle the court appearances. You'll get copies of what's filed and regular updates. Depositions can often be taken remotely. If the case goes to trial, your testimony may be needed in person, and we'll plan for that well ahead.

If you already have a lawyer at home

Your regular lawyer may know the relationship and the documents better than anyone. I'm glad to work alongside them, with them handling the business relationship and me handling the Massachusetts litigation. Any arrangement between lawyers is put in writing with your consent.

Related pages

• Enforcing an out-of-state judgment in Massachusetts
• Inherited Massachusetts property when the owners live elsewhere
• Breach of contract and unpaid invoices

Request a case review or call (617) 230-2779.