District
Court Department
SMALL CLAIMS INFORMATION
The small claims court is not a separate court,
but a special session of the District Court, the Boston Municipal
Court or the Housing Court. It is designed to provide a simple,
informal and inexpensive procedure for the resolution of smaller
cases ($2,000 or less). The information below is provided to
assist those persons wishing to proceed in District Court.
I. Small Claims Statute, Rules and Standards
The procedure for bringing a small claim action
is contained in the Massachusetts General Laws and can be found
at G.L.
c. 218, §§ 21-25 . The Uniform Small Claims Rules
are available at http://www.mass.gov/courts/admin/legal/courtrules2.html. Small
claims standards represent
recommended practices for the small claims procedure. These standards
are recommendations intended to implement the small claims statute.
II. Frequently Asked Questions:
How do I bring a small claims action?
Where do I file a small claim?
Which claims can be brought as small
claims?
Will I be able to collect from the
defendant?
What is the filing fee for a small
claim?
How is the defendant notified of this
claim?
Will my case go forward if the defendant
has not received notice?
Are attorneys needed in small claims
court?
What are "costs"?
Is the defendant required to file
an answer?
What if the defendant admits he owes
all the money?
What if the defendant admits he owes
the money but needs time to pay?
What if the defendant believes he
owes nothing, or only some of the money claimed?
What if the defendant believes the
plaintiff owes him money?
When and where do the plaintiff and
the defendant have to go to court?
Is mediation available for small
claims?
What if I cannot come to court on
the trial date?
What if I do not come to court on
the trial date?
How should I prepare for trial?
What will happen on the day of the
trial?
What if one of the parties wants
a continuance?
What will the magistrate do?
I lost my case before
the magistrate, what do I do?
I won my case before the
magistrate, what do I do?
Must I appear at the payment review
hearing?
Is any income exempt from a payment
order ?
III. Forms
If you choose to file a small claims action, or
if you are a defendant in a small claims action, the District
Court has forms which will be helpful in bringing the appropriate
issues to the attention of the court. All small claims forms
are available in the clerk's office of any of the 62 district
courts. For a
listing of district court locations by county, click here.
In addition, all of the forms used in small claims actions can
be downloaded below with the exception of the "Statement of Claim
and Notice of Trial." Instructions
on completing a "Statement of Small Claim and Notice of Trial" form
can be found here.
Statement
of Small Claim and Notice of Trial
General Purpose
Motion
Appearance of
Counsel
Payment Agreement
Financial
Statement of Judgment Debtor
Defendant's
Claim of Appeal
IV. Answers to Frequently Asked Questions:
How do I bring a small claims action?
By filing a court form called a "Statement of Claim
and Notice of Trial" and paying a filing fee. The form is available
in the clerk's office of any of the 62 district courts. Instructions
on completing a "Statement of Small Claim and Notice of Trial" form
can be found here. For a
listing of District Court locations by county click here.
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Where do I file a small claim?
You may bring a small claim only in the court for
the area where either the plaintiff or the defendant lives or
has a place of business or employment. A small claim against
a landlord arising from the rental of an apartment may also be
brought where the apartment is located. You may find it easier
to enforce a decision in your favor if you bring your small claim
where the defendant lives or works, but you are not required
to do so.
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Which claims can be brought as small claims?
Unless your suit is based upon property damage
sustained in an automobile accident, it cannot exceed $2,000.00.
The claim may, however, be subject to statutory damages in excess
of $2,000.00 (i.e. Consumer Protection cases or certain landlord/tenant
cases). In those cases, the base amount may not exceed $2,000.00
even though the potential award may exceed that amount.
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Will I be able to collect from the defendant?
As a plaintiff you should be aware that income
of the defendant derived from certain sources will be exempt
from an order of judgment. To see a list of exempt income, click
here.
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What is the filing fee for a small claim?
The filing fee for small claims $500 and under
is $30.00. The filing fee for claims over $500.00 is $40.00.
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How is the defendant notified of the claim?
The defendant is sent a copy of the "Statement
of Claim and Notice of Trial" by first class mail. If the defendant
lives out of state he will be notified by certified mail. Both
types of notices will be provided by the court, after a "Statement
of Claim and Notice of Trial" form is filed.
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Will my case go forward if the defendant
has not received notice?
If the Post Office is unable to notify ("serve")
the defendant and the letter is returned to the court your case
cannot go forward. If the letter is not returned, but later shown
to have never been delivered, or to have been sent to the wrong
address, any judgment you have received may be vacated. For this
reason it is crucial that you make sure that the address entered
for the defendant on the "Statement of Claim and Notice of Trial" form
is accurate.
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Are attorneys needed in small claims court?
No, but you may hire one if you wish.
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What are "costs"?
If the plaintiff prevails, or if both sides settle
the claim, the plaintiff may recover from the defendant as "costs" the
court filing fee. By court order the plaintiff may sometimes
recover certain other costs of bringing the claim.
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Is the defendant required to file an answer?
The defendant may send a signed letter to the court,
saying clearly and simply why the plaintiff should not prevail.
This "answer" should state those specific parts of the claim
that are denied. However, the defendant is not required to file
an answer. The defendant must send the plaintiff a copy of the
answer, if one is filed. In the answer, or in a separate letter
to the court, the defendant may set forth in writing any claim
against the plaintiff within the jurisdiction of small claims
court. Both claims will be treated as one case if the defendant
mails a copy of his or her claim to the plaintiff at least ten
days before the scheduled trial date, or if the magistrate orders
that they be so treated. Such claims are not compulsory. The
plaintiff need not file a written answer to the defendant's claim.
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What if the defendant admits he owes all
the money?
He or she should contact the plaintiff and arrange
to make payment. If payment is not made before the trial date,
both the plaintiff and defendant must appear in court.
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What if the defendant admits he owes the
money but needs time to pay?
He or she must appear in court on the trial date
and give his or her reasons for requesting time to pay.
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What if the defendant believes he owes
nothing, or only some of the money claimed?
He or she must appear in court on the trial date.
He or she will be able to question how the plaintiff arrived
at the amount claimed.
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What if the defendant believes the plaintiff
owes him money?
The defendant should indicate in his or her answer,
or tell the court, that the plaintiff owes him or her money.
The plaintiff's original claim and the defendant's claim against
the plaintiff (called a "counterclaim") may be treated as one
case and tried on the date the original claim was scheduled.
If the defendant files a written counterclaim, the defendant
must send the plaintiff a copy.
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When and where do the plaintiff and the
defendant have to go to court?
Unless the plaintiff and defendant settle this
case before the trial date, both sides must appear in court on
the date the case is scheduled for trial.
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Is mediation available for small claims?
Mediation is available in many courts on the date
of trial. When the case is called and if mediation is available,
you will be asked if you would like to mediate your claim.
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What if I cannot come to court on the trial
date?
You should call or write the person on the opposing
side and ask him or her to agree to postpone ("continue") the
case. Continuances should only be for good reason, such as illness,
an emergency, or the unavailability of a witness. If both sides
agree, or if the opposing side does not agree, or if you are
unable to reach the person on the opposing side, you must write
the Clerk-Magistrate of the court to ask that the court give
you a continuance. Do not wait until the last minute. If the
other side makes a reasonable request for a continuance, it may
save you some inconvenience if you agree to the request.
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What if I do not come to court on the trial
date?
If the plaintiff does not appear for trial, and
the defendant does appear, the case will be dismissed. If both
the plaintiff and the defendant do not appear for trial the claim
will also be dismissed. If the defendant does not appear for
trial, and the plaintiff does appear, the court will likely enter
a default judgment and order the defendant to pay the amount
claimed. The magistrate may ask the plaintiff to present some
evidence of the claim, even if the defendant is not present.
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How should I prepare for trial?
It may be helpful to write down ahead of time the
facts of the case in the order in which they occurred. This will
help you organize your thoughts and make a clear presentation
of your story. On the trial date, you must bring with you any
witnesses, checks, bills, papers, photographs or letters that
will help you prove your case. If you need a witness to come
to court but the witness will not come, ask the clerk magistrate's
office for a witness summons which you must then arrange to have
an officer deliver to the witness. You may need an expert witness
to prove any matter not within common experience. The laws governing
small claims are the same as those for major lawsuits, except
that simplified procedures are used. The plaintiff must prove
that the claim is one which the law recognizes and that the defendant
is liable, or the magistrate will enter a decision for the defendant.
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What will happen on the day of the trial?
Be sure to arrive on time. If your case is not
resolved by a mediator, a trial will be held before a magistrate.
The plaintiff will be asked to tell his or her side of the story,
then the defendant will tell his or her side. Each will have
an opportunity to ask questions of the other side and the other
side's witnesses. To prevail the law requires the plaintiff to
prove the validity of his or her claim.
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What if one of the parties wants a continuance?
If both parties are present when the case is called,
the rules require (with some exceptions) that the case go forward
(unless the parties agree otherwise). If you are ready to go
forward and the other party wants a continuance, make sure you
inform the magistrate.
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What will the magistrate do?
The magistrate will make a decision. Notice of
the decision (called a "judgment") will be given or sent to each
side.
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I lost my case before the magistrate, what
do I do?
For detailed answer,
click here.
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I won my case before the magistrate, what
do I do?
For a detailed answer,
click here.
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Must I appear at the payment review hearing?
If the Judgment Creditor reports to the clerk-magistrate's
office that the Judgment Debtor has paid the judgment in full
or the parties have entered into an out-of-court payment agreement,
then neither party is required to appear at the scheduled payment
review hearing.
If the Judgment Debtor has not paid the judgment
in full, or the parties have not otherwise settled the case,
then both parties must appear at the scheduled payment
review hearing. If the Judgment Debtor fails to appear, the Court
may issue a civil arrest warrant (capias) for his or her arrest.
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Is any income exempt from a payment order?
Income to the defendant from the following public
assistance and benefit programs is exempt by law from any court
small claims payment order:
- Veterans' Benefits
Veterans' Benefits pursuant to G.L. c. 115, § 5
Veterans' Benefits pursuant to 38 U.S.C. § 5301 (a)
Special Benefits for certain WWII Veterans, 42 U.S.C. § 1001
Veterans' Medal of Honor Benefits, 38 U.S.C. § 1562
- Transitional Aid to Families with Dependent
Children (AFDC) Benefits, G.L. c. 118, § 10
- Unemployment Benefits, G.L. c. 151A, § 36
- Workers' Compensation, G.L. c. 152, § 47
- Social Security Benefits, 42 U.S.C. § 401
- Federal Old-Age, Survivors & Disability
Insurance Benefits, 42 U.S.C. § 407
- Maternal Child Health Services Block Grant,
42 U.S.C. § 701
- SSI for Aged, Blind and Disabled, 42 U.S.C. § 1381
(a)
In addition, the following income amount is exempt
from a payment order of the court. The exempt amount is whichever
of the following is greater:
(A) the first $125 of weekly wages per week (G.L.
c. 246, § 28) or
(B) 25% of weekly disposable earnings or the amount
by which weekly disposable income exceeds 30 times the minimum
hourly wage prescribed by federal law under 29 U.S.C. § 206
(a)(1), whichever is less (15 U.S.C. §§ 1671-1677).
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