Massachusetts General Laws ch. 190B sec. 3-804 – Manner of commencement of claims
Section 3–804. [Manner of Commencement of Claims.]
Terms Used In Massachusetts General Laws ch. 190B sec. 3-804
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) A personal representative shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapter unless before the expiration of such period the process in such action has been served by delivery in hand upon the personal representative or service thereof accepted by the personal representative or a notice as aforesaid has been filed with the register.
(2) Claims against a decedent‘s estate shall be commenced by a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding shall occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.
(3) A special personal representative shall be liable to an action by a creditor of the deceased brought within the period of limitation provided in section 3–803; provided, however, that any such action shall be stayed by the court in which it is brought until such time as a general personal representative has been appointed and said general personal representative has been substituted for said special personal representative as the party defendant.