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Small claims in Housing Court

Find out more information about filing a small claim with the Housing Court

Filing fees for a small claims case

If the claim is for more than $5,000, the fee is $150 ($140 entry fee plus $10 surcharge).
If the claim is for more than $2,000, the fee is $100 ($90 entry fee plus $10 surcharge).
If the claim is for more than $500, the fee is $50 ($40 entry fee plus $10 surcharge).
If the claim is for $500 or less, the fee is $40 ($30 entry fee plus $10 surcharge).

Note that there is a $7,000 ceiling (exclusive of punitive damages) on the amount that can be recovered in a small claims case.

To review all fees within the Housing Court, review: Housing Court filing fees

If you are indigent and unable to pay the filing fee, the court may be able to waive the fee. The court staff can explain the eligibility requirements and the procedure for requesting a waiver. See also: Indigency (waiver of fees)

Appealing a decision in a small claims case

A party who files a claim or a counterclaim under the small claims procedure may not appeal from an adverse (unfavorable) decision on that claim or counterclaim.  

Thus, only the defendant who loses in a judgment on the plaintiff’s claim or the plaintiff who loses in a judgment on the defendant’s counterclaim may appeal.

Small claims appeal deadline

A small claims notice of appeal must be filed with the court and served on the opposing party no later than ten (10) days after the date the judgment was received in the mail.

Costs for a small claims appeal

There is an entry fee of $25 for a small claims appeal.  There is also an appeal bond of $100 or the triple damage amount of the judgment in security deposit cases.

If the appealing party loses the appeal, the bond will be given to the prevailing party as partial payment of the judgment.  If the appealing party wins, the bond will be refunded and the losing party will be liable for the $25 appeal entry fee.

To review all fees within the Housing Court, review: Housing Court filing fees

If you are indigent and unable to pay the filing fee, the court may be able to waive the fee. The court staff can explain the eligibility requirements and the procedure for requesting a waiver. See also: Indigency (waiver of fees)

More detailed information about small claims

When consulting the District Court’s FAQs about small claims, keep in mind that some aspects of small claims, such as choosing an appropriate court in which to commence your case, differ between the District Court and the Housing Court. If you are uncertain how to proceed, contact the clerk’s office of the appropriate court.

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