If your claim arose in the course of your trade or commerce, or you are pursuing a claim for assigned debt, you must also include in your “Statement of Small Claim” form:
- The original creditor’s name (if different from yours)
- Only the last four digits of any account number assigned by the original creditor, and
- The amount and date of the last payment, if any
If you do not do so and the defendant fails to appear, you may not be able to obtain a default judgment in your favor and your claim will be dismissed, though you may refile it.
You must also file a separate Verification of Defendant’s Address form with your claim, certifying that you have verified the defendant’s mailing address in the manner set forth in that form. If you do not do so and the defendant fails to appear, usually you may not obtain a default judgment in your favor and your claim will be dismissed, but it may be refiled.
“Trade” and “commerce” have the same meaning as in the Consumer Protection Act, Massachusetts General Laws c. 93A, §§ 1. They include most commercial relationships between sellers or service providers and consumers in a business context, but not isolated private commercial transactions. They do not include leasing or renting residential property of three or fewer units that you own and that is also your primary residence unless you also own, manage or are otherwise involved in leasing or renting other residential property.