Massachusetts Small Claims

Rather than dealing with the cost and complexity of civil litigation, Massachusetts residents can turn to Small Claims Court for minor monetary disputes. While every state has its own rules for handling small claims matters, a clear understanding of the Massachusetts system can assist consumers, landlords, and individuals in resolving conflicts quickly. Parties can file small claims lawsuits in Massachusetts at the District Court, Boston Municipal Court (BMC), or Housing Court, as provided by the Uniform Small Claims Rules.

What Is a Small Claims Court in Massachusetts?

Designed for low cost and efficiency, the Massachusetts Small Claims Court handles private disputes seeking damages of $7,000 or less. Typical cases filed in this court include minor property damage, unpaid rent, basic workmanship issues, and disputes over security deposits. In addition, small claims cases are informal proceedings that are heard by a magistrate or judge, and parties can either hire a lawyer or represent themselves.

Small Claims Court Limits in Massachusetts

The only exception that supersedes the $7,000 monetary limit for small claims matters is when a party is suing for property damage that resulted from an automobile accident. In certain cases, such as landlord-tenant disputes or consumer protection, the law may allow a party to recover additional amounts, such as statutory damages or attorney’s fees, which can raise the total award above $7,000. Regardless, the main claim filed in the small claims court must still be limited to $7,000.

Moreover, a party may file a small claim in the District Court or Boston Municipal Court where they live or where the defendant lives or does business. For landlord-tenant cases, the plaintiff may file in the Housing Court that covers the area where the rental property is located.

A party waives its right to a jury trial once a case is filed in the small-claims forum in Massachusetts. The case is decided in a bench proceeding, and mediation may be offered on the day of trial.

How to File a Small Claims Case in Massachusetts

When starting a small claims case in Massachusetts, you may take the following steps into account:

Use the state’s guided interview and e-filing

The Guide and File program makes it easier to file a small claims case in Massachusetts online. It guides users through a simple, step-by-step interview that helps them complete the Statement of Small Claim and Notice of Trial in plain language. After the interview, the program automatically fills out the form, which can then be submitted online or printed and filed in person at the court. The filing fee for a small claims case varies based on the amount of the claim, as shown below:

• Claims for $500 and under – $40
• Claims of $501 to $2,000 – $50
• Claims of $2,001 to $5,000 – $100
• Claims of $5,001 to $7,000 – $150
• Claims above $7,000 (for property damage from an automobile accident) – $150
• Service fee for e-filing – $7

Name the parties correctly

While filling out the Statement of Small Claims, it is important to correctly list both your name and the defendant’s name. If the defendant is a corporation and you are unsure of its exact legal name or address, you may find out online through the Corporate Records Division of the Secretary of State’s Office or call (617) 727-2800.

Service/notice

In Massachusetts, small claims defendants are served by the court through certified and first-class mail, not by the plaintiff. If that fails, the court may order personal service by a sheriff or constable.

What to bring

Before appearing in court for your trial, organize invoices, photos, witnesses, and texts/mails that can help you prove your claim. If a witness will not appear voluntarily, request a witness summons from the magistrate and have it served by a constable or deputy sheriff.

Hiring an attorney

Although the small claims process is designed for self-represented litigants, parties can hire an attorney to represent them if they prefer.

Small Claims Court in Major Massachusetts Locations

Across Massachusetts, small claims cases are filed in the local District Courts, while in Boston, they are filed in the Boston Municipal Court. The cases handled in the Housing courts are related to housing matters. To ensure you file in the correct location, it is best to check the Court Locator pages to confirm the correct division and service area before filing:

• District Court venues
• Boston Municipal Court venues
• Housing Court venues

What to Expect at a Small Claims Hearing in Massachusetts

In many Massachusetts courts, mediation is offered first on the day of trial to give both sides the chance to settle the dispute. If the case is not resolved during this process, it proceeds to trial before a magistrate or judge.

During the trial, the plaintiff presents their side of the story first, followed by the defendant, and both parties are allowed to ask each other relevant questions. The only condition for winning the case is to prove that the claim is valid. After the trial, the magistrate either announces the judgment in court or sends it by mail afterward.

Payment hearings and enforcement: If you win the case as the plaintiff and the defendant is present, the court conducts a payment hearing on the same date that the judgment was issued. Nevertheless, you or the defendant can request that the hearing be moved to a later date if there is a need to present a financial statement.

A plaintiff waives the right to file an appeal once they file a small claims action. Nevertheless, a defendant may file a claim of appeal for a new trial before a judge or a jury of six under G.L. c. 218, § 23, and Uniform Small Claims Rule 10.

How to Search for Small Claims Records in Massachusetts

Small claims records are maintained in the courthouse where the case was heard and are mostly accessible to the public both online and in person. Individuals who search for these records may find details, such as case number, docket events, parties, judgment, and scheduled hearings.

1. Massachusetts Trial Court Case Access: Although the availability of records may vary by courthouse, this portal contains information about small claims actions heard in the trial courts.
2. Certified copies/courthouse terminals: Small claims records are part of the court records available to the public at computer terminals in courthouses. Upon request, interested parties can acquire certified copies from the court clerk.