Massachusetts Civil Court Records

The Massachusetts Court System consists of the seven trial court departments (District Court, Superior Court, Boston Municipal Court, Juvenile Court, Housing Court, Probate and Family Court, and Land Court), the Appeals Court, and the Supreme Judicial Court (SJC).

The Massachusetts Probation Service (MPS), the Office of Jury Commissioner (OJC), and the Executive Office of the Trial Court are also parts of the state court system.

Most civil court cases start and end in one of the seven trial court departments with the power to hear and decide them. Civil lawsuits and who has the right to handle them in the Commonwealth of Massachusetts depend on how much money is at stake.

When the sum recovered exceeds $50,000, the Superior Court has jurisdiction in these civil matters. In contrast, the District Court has jurisdiction over civil proceedings in which the amount at stake is $50,000 or less.

When a party is unsatisfied with the trial court's ruling, they can file an appeal. The SJC and the Appeals Court are the two courts in Massachusetts that hear civil appeals of decisions made by trial court judges.

Even though most appeals go to the Appeals Court, the SJC can hear appeals directly without going through the Appeal Court.

Are Massachusetts Civil Court Records public? The Massachusetts Public Record Law stipulates what documents are public records and gives you the right to look at and make copies of these records.

Businesses and people in Massachusetts can file for bankruptcy if they have too much debt and can't pay it back. This judicial process gives debtors a new financial start and an effective stay that keeps creditors from collecting debts until they are settled.

During the resolution of bankruptcy cases, the bankruptcy court writes down every file, order, docket entry, motion, judgment, etc., to make Massachusetts Bankruptcy Records. These records usually contain information about each person or business involved in a case and what happened in court.

Massachusetts Bankruptcy Records may contain different information depending on the case type filed, and in the state, the most prevalent bankruptcy filings are as follows:

Chapter 7 Bankruptcy

Chapter 7, also called liquidation bankruptcy, is for people and corporations in financial distress who cannot pay their current obligations. A trustee takes ownership of all of their property under this bankruptcy filing.

Then, a bankruptcy trustee liquidates any non-exempt assets and utilizes the money to pay their creditors following the bankruptcy code-mandated distribution plan.

Chapter 11 Bankruptcy

Chapter 11, also called reorganization bankruptcy in Massachusetts, is mainly for a business to get back on its feet. Under this chapter, the Bankruptcy Court approves a plan of reorganization that pays claims in whole or in part, depending on how vital the claim is.

Chapter 13 Bankruptcy

Under Chapter 13, you must establish a payment plan with the court to repay all or a portion of your debt to creditors with future earnings. Once approved, the court will usually give you three to five years to pay back your debts.

Aside from the three bankruptcy filings mentioned above, you can also expect Chapter 12 in Massachusetts Bankruptcy Records.

How To Find Massachusetts Bankruptcy Records?

If you want to see Massachusetts Bankruptcy Records, you can either use online databases set up by the courts or ask the courts in person.

First, you can get hard copies of these records if you personally ask the U.S. Bankruptcy Court, District of Massachusetts. The bankruptcy courthouses are in Boston, Worcester, and Springfield.

If you are a registered ECF User, you can get certified copies of case documents. By filing a request with the court and paying the required fees, you can get up to five certified copies for a single case.

If you still need to, you can mail a written request. In the written request, you must give the case name, filing date, case number, and document title you want. Then, send the request to the court that filed the claim with a self-addressed, postage-paid envelope.

Lastly, you can access electronic copies of these records through Public Access to Court Electronic Records (PACER) as long as you have a computer or other device that can connect to the internet.

In Massachusetts Civil Court Records, a lien is a legal right that creditors can use to ensure they get paid for a debt or obligation. A debtor with a lien on their property may not be able to refinance or sell it until all debts are paid. In essence, the property becomes security that the creditor can take back and sell if the debtor fails to pay the debts.

Creditors can use different types of liens in Massachusetts to guarantee a debtor pays back the money they owe. The type of lien used usually depends on the size of the debt. But the most common property lien filings in Massachusetts are the following:

Tax Lien

A tax lien is a claim the local, state, or federal government makes on a person's property because they haven't paid their taxes. The government usually liens the property if a delinquent taxpayer doesn't pay after being informed.

Section 47 of MGL (Massachusetts General Laws) chapter 62C confers this authority to the Collections Bureau of the Department of Revenue. In addition to levying a lien to collect delinquent taxes, the bureau may suspend a person's driver's license and vehicle registration until the tax is paid.

Judgment Lien

The purpose of a judgment lien is to enforce and compel a court's judgment payment. It enables the creditor to sell or seize the property or commence garnishments to recover the debt.

Mechanic's Lien

A mechanic's lien under MGL chapter 254 is to recover payment for work or services performed on privately held buildings, lands, or constructions to satisfy a written contract.

Most of the time, contractors, subcontractors, and suppliers declare it without owner authorization.

Mortgage Lien

A mortgage lien in Massachusetts allows a creditor to keep a debtor's property until payment. The creditor may sell or repossess a borrowed property using this lien.

Apart from the liens mentioned above, expect child support, municipal, and UCC (Uniform Commercial Code) liens in Massachusetts Property Lien Records.

How To Check Massachusetts Property Lien Records?

You can check for Massachusetts Property Lien Records through government agencies like the Registry of Deeds and the Secretary of the Commonwealth of Massachusetts.

You can use the liens database to look for tax and child support liens filed with the Secretary of the Commonwealth. You can search with the record holder's company or last name, the filing or release date, and the lien's filing number.

On the other hand, you can go to the local Registry of Deeds to look for liens on real property. Yyour local office's website has an online database that you can rely on to do a record search or an inquiry remotely.

Massachusetts Civil Driving Violation Records relate to documentation about the driving and traffic history of licensed or resident drivers in the state. Thus, they may include information on accidents, license suspensions, fines, and other relevant facts.

Examples of civil driving violations in Massachusetts include:

• Vehicle illumination
• Driving without a seatbelt
• Running a red light
• Jaywalking
• Overspeeding (three speeding citations within 12 months)
• Driving while drinking alcohol or smoking marijuana
• Driving in the bike lane
• Parking offenses
• Faulty vehicle equipment
• Mobile phone use while driving
• Illegal U-turn

In Massachusetts, these infractions are minor offenses that aren't as terrible as misdemeanors or felonies and don't lead to jail time. These violations don't appear on a person's criminal record. Instead, the person who did it usually has to pay a fine or do community service. Other punishments may include driving retraining and points for operator negligence.

How To Look Up Massachusetts Civil Driving Violation Records?

You can look at Massachusetts Civil Driving Violation Records by asking the Registry of Motor Vehicles (RMV) for a copy of a driving record.

Depending on your preference, you can request this record online, by mail, in person, or over the phone.

You must go to the myRMV to get your driving record online. Aside from the applicable fee, you must give the driver's license number, name, date of birth, and social security number.

To get a copy of your Massachusetts traffic record by mail, you must send the RMV your information and a request form or letter in a self-addressed, postage-paid envelope. In addition to the above information, the written request must also include the person's address and a check or money order for the cost of a record.

Most mail requests to the RMV take two weeks to process.

If you want to get your driving record in person, visit the RMV Service Center near you with your driver's license and a way to pay.

Lastly, the Massachusetts RMV may also provide driving records by calling (857) 368-8000 from inside the state or (800) 858-3926 from outside.

Massachusetts Legal Judgment Records are papers explaining a civil case's court decision.

A Massachusetts judgment is a trial court's ruling that signifies the conclusion of a civil process. It outlines who wins the lawsuit and what remedies the victorious party should get. In civil judgments, monetary damages and injunctive relief are frequent remedies.

Rule 54 of the Massachusetts Rules of Civil Procedure and Chapter 235 of the MGL explain the state's laws about judgments. The statutes also outline the paperwork and records required to enforce a judgment or seek relief from one.

How To Look Up Massachusetts Legal Judgment Records?

Massachusetts Legal Judgment Records are part of the civil court records made, gathered, and kept in the Massachusetts Court System. You must first determine which court handled the case to find this record in this state.

Most of the time, three civil trial courts in Massachusetts keep these records.

If a person's claim is less than $2,000, the District or Municipal Small Claims Court will deliver a judgment and generate the corresponding record. District Civil Court will decide and keep a record if the person's claim is more than $2,000 but less than $25,000. But if the claim is for more than $25,000, the Superior Court will decide and make a record of the decision.

After examining the correct court, you should call the office of the record keeper to get the record.

You can use the courthouse locator to find the address of the courts. Similarly, employ the Massachusetts Court system directory to determine how to contact the courts.

Massachusetts Small Claims Records contain essential case information and are open to the public. It usually has information about the people involved, the amount of the claim, and the court's decision.

In Massachusetts, Small Claims Courts are places where people with claims worth less than $7,000 can settle them. Claims that you can file in Massachusetts Small Claims Courts are as follows:

• Breach of contract
• Personal injury
• Loan repayment default
• Security deposit reimbursement
• Past-due rent
• Protection of consumers, such as product liability
• Nonpayment of tax obligations

Before filing a claim in the state's Small Claims Court, you, the plaintiff, must send the defendant a demand letter that includes a chronological narrative of the events surrounding the debt. You should be explicit by citing particular dates, talks, contracts, and amounts in dispute.

How To Look Up Massachusetts Small Claims Records?

The best approach to looking up these Massachusetts Civil Court Records is to visit and ask the courthouse that decided the case.

The Boston Municipal Court, District Courts, and Housing Courts are responsible for considering small claims matters in the Massachusetts Court System. You can use the Non-Criminal Tickets Locations directory to find these appropriate courts from the state website.

You will usually need the first and last names of the people involved in a case to request and find a record.

Massachusetts Divorce Court Records or dissolution records might be among the most challenging documents to obtain since they can reveal private information about minors, finances, and offenses like domestic violence.

A Massachusetts divorce is the legal termination or annulment of a marriage. In Massachusetts, to get a no-fault divorce, the couple must be apart for 18 months and live in the state for one year. In contrast, a fault-based divorce does not require a minimum residence period.

During the divorce proceeding, the Probate and Family Court will usually administer the case, compile all the information, and present documents in Massachusetts Divorce Court Records.

These court records are accessible in the following formats with diverse purposes:

Divorce Certificates

Most of the time, one of the people who got a divorce will ask for a divorce certificate. It proves that the marriage ended in the state. The most common use for this document is to seek a name change or a new marriage certificate.

These documents are always accessible to the divorced parties, their attorneys, and the judge who presided over their case.

Divorce Decrees

Divorce decrees in Massachusetts are more detailed than divorce certificates. In addition to the date and place of the divorce, they describe the rights and responsibilities of both parties. These may involve property distribution and payments like alimony and child support. These papers will also include child custody and visitation terms if there are children.

Divorce Records

Divorce records comprise all of the information in divorce certificates and divorce decrees, as well as any papers, transcripts, or other materials created as a consequence of the divorce procedures. Therefore, they are the biggest of the three documents and constitute the divorce case file.

Each party may use these court records to change or dispute facts and judgments. Only the divorcees and their lawyers can get certified copies of these documents.

How To Look Up Massachusetts Divorce Court Records?        

If you want to look up a record from a divorce case, you must find the docket number for that case. If you don't know the docket number, call the Probate and Family Court that heard the divorce and ask for this information. You can use this Probate and Family Court Locations directory to find the correct court.

After acquiring the case number, fill out a request form with all your information and attach the records request fee. This fee varies depending on how many copies and what kind of divorce court record you want.

You can either submit the request form and payment to the Probate and Family Court that granted the divorce by mail or personally deliver them to the court. Though you can find these records online, they are some of the toughest to get and can have limitations, so requesting them in person or by mail may be more straightforward.

Massachusetts Probate Court Records document the process of distributing property and ownership rights following a person's death. Whether an estate requires probate depends on the decedent's property title at the time of death.

The Massachusetts probate process is often necessary if you have to:

• Verify the validity of the deceased's will
• Pay the decedent's debts and taxes
• Obtain the dead's medical records
• Change the ownership of real estate or personal property (like bank accounts, stocks, or bonds)

The information in a Massachusetts Probate Court Record varies from case to case, but some details are usually in all of them. These are the names, addresses, and relationships of the beneficiaries to the deceased person.

The types of probate files you can find in Massachusetts are as follows:

• Wills
• Estate inventories
• Letters of administration
• Distributions and accounting
• Guardianships

How To Look Up Massachusetts Probate Court Records?

To find a Massachusetts Probate Court Record, you can start your search in the county where the individual who created the will resides, not their place of death. Like in the Massachusetts Divorce Court Records, you can use the Probate and Family Court Locations directory to locate the correct court.

Once you've found the appropriate probate court, ask for a copy of the probate record from the court clerk's office. The court clerk can look through the court's records and give you a copy of the probate record if there is one.

The name of the willmaker, the will's date, and the executor's name are necessary to help the clerk look up a specific file.

The first step in getting any Massachusetts Civil Court Records in the Commonwealth of Massachusetts is to find out which court heard the case. To locate a specific court, use the courthouse locator or the Massachusetts Court system directory to discover a court's contact information.

You can find these civil court cases by visiting the sites of the six trial court departments (except for the Juvenile Court) and the County Registry of Deeds.

But the best way to look up a civil case in the state is through Massachusetts Trial Court Electronic Case Access Internet Portal (eAccess). It is the case management system of the Massachusetts Judiciary that lets people see most case information online.

To use this portal efficiently, read this instruction first.