Which claims can be brought as small claims?
From the Mass. District Court's small claims court page:
Small claims court is an informal and inexpensive forum to help you settle disputes of $7,000 or less. There are a few exceptions:
- If your case is based upon property damage sustained in an automobile accident, the award may exceed $7,000.
- If the actual damages are $7,000 or less, but there are additional claims for statutory damages or attorney’s fees that would exceed the $7,000 limit, a potential award exceeding $7,000 may be possible.
- If you bring your claim under the Consumer Protection Law for $7,000 or less, but are awarded double or triple damages, a potential award exceeding $7,000 may be possible.
Note that if you file a complaint and lose, the decision is final.
Best bets
Self-help: small claims, Mass. Trial Court.
Start here to file your small claim. Includes information from BMC, District Court, and Housing Court.
Multilingual videos explaining the small claims process, Mass. Trial Court.
Steps you through the entire process in a series of 7 short videos. Available in English and 7 other languages.
Massachusetts laws
MGL c. 218, § 21 Power to establish rules of small claims procedure; venue; jurisdictional amount; hearings; damages and penalties
MGL c. 218, §§ 22-25 Small claims procedure
MGL c. 231, §§ 6B, 6C, 6H Interest on damages set at 12%
MGL c. 260 Statutes of limitation
These are the time limits for filing a case in court but can be affected by other factors such as tolling (a reason to delay the time limit), discovery (when you discovered the harm) advance notice of claim (consumer protection 93A) and other issues. While many cases fall under one of these more common statutes of limitation, the facts of your claim may require a different one. For more info, see our print sources below or discuss with an attorney.
Rules and fees
Filing fees in District Court and Boston Municipal Court, Mass. District Court.
Fees (with surcharges) range from $40 to $150 depending on damages sought.
Trial Court Rule III: Uniform Small Claims Court Rules, Mass. Trial Court.
Uniform Magistrate Rules: Rule 4: Mediation of Small Claims Actions, Mass. Trial Court.
Guidelines for electing and utilizing mediation by a magistrate in small claims.
Forms
Online
File a small claims complaint online
"This program will help you fill out the forms to file a small claim by conducting an interview, that is, by providing questions which you can answer in plain language. It will not give you legal advice."
Printable forms
Small claims forms, Mass. Court System.
While many forms are available, the printed Statement of Small Claim form is not available on the web and must be picked up at the court. Forms are available in 7 languages in addition to English.
Selected cases
D.R. Peck Excavating v. Machado, 481 Mass. 1033 (2019)
"Parties who opt to take advantage of its benefits forgo certain rights that they would otherwise have in a regular civil case, including the regular rights to appellate review....after a small claims case is tried in the District Court before a judge or a jury, the losing litigant has no right to appeal to the Appellate Division. A party may ask the judge to exercise his or her discretion to report the matter to the Appellate Division if the judge believes that questions of law within the case require appellate review, but '[n]o party ... shall be entitled to a report.' G. L. c. 218, § 23."
Delisle v. Clerk-Magistrate of the Lowell Division of the District Court, SJC Case Docket (2019)
The Court recommend amendments to the rules to ensure that courts do not inadvertently issue
or enforce small claim payment orders that require debtors to pay using income or an asset that is exempt from collection under state or federal law. Agreement for Judgment and Payment Order now includes a list of exempt property.
Web sources
Appeals Court frequent appellate process questions, Mass. Appeals Court
This page contains links to several different topics that attorneys and self-represented parties often ask the court about. See also Appeals Court Help Center.
Massachusetts District Court small claims cases: an overview, Cara O’Neill, Nolo.com.
Learn about filing a small claims court case in Massachusetts District Court.
Small claims advisory service, Phillips Brooks House Association.
"Here you will find any information you need to learn more about small claims court, the relevant laws, and contact information to get further assistance from the SCAS organization." SCAS is an undergraduate, student-run public service affiliated with Harvard College; services are not offered by attorneys or law students.
Small claims court, Mass. Office of Consumer Affairs and Business Regulation.
Includes information on whether small claims court is right for you, what to consider before filing, and more.
What to do if you lose your small claims case, Mass. Trial Court.
If you sued and lost, that decision is final. But if you were sued by someone else and lost, you may be able to appeal.
Print sources
Civil practice, 4th ed. (Mass. Practice v.9-9A) Thomson West, 2023. Chapter 57.
Collection law : debtor/creditor practice, procedure, remedies, 4th ed. (Mass. Practice v.48-48A) Thomson West, 2015 with supplements. Sec. 10:25 Supplementary process; 10:44. Supplementary process for small claims judgments.
Everybody's guide to small claims court by Cara O'Neill, Nolo, 2022. (2024 eBook available with library card).
Handbook of civil procedure in the Massachusetts District Court by Marc G. Perlin, John M. Connors, 5th ed., Mass. Lawyers Weekly, 2008, with supplement. Chapter 15: Small Claims.
Pursuing a case in small claims court, 3rd ed., MCLE, 2010.
Represent yourself in court : prepare & try a winning civil case by Paul Bergman, 11th ed., Nolo, 2022. (eBook available with library card).
Contact for Massachusetts law about small claims and bringing a claim to court
Online
| Last updated: | January 8, 2025 |
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