Special requirements for filing a small claim for money owed to your trade or business

There are additional requirements if you're filing a claim because of your work or business.

Additional requirements

If your claim happened during your trade or commerce, or if you’re pursuing a claim for assigned debt (a debt that was originally owed to someone else), you must also include in your “Statement of Small Claim” form:

  1. The original creditor’s name (if it’s different from yours)
  2. The last 4 digits of any account number assigned by the original creditor, and
  3. The amount and date of the last payment, if any

You must also file a separate Verification of Defendant’s Address form with your claim, certifying that you’ve verified the defendant’s mailing address.

If you don’t do this and the defendant doesn’t appear, you may not be able to get a default judgment in your favor, and your claim will be dismissed, although you may refile it.

“Trade” and “commerce” have the same meaning as in the Consumer Protection Act, M. G. L. 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 don’t include leasing or renting residential property of 3 units or less that you own and that’s also your primary residence, unless you also own, manage or are otherwise involved in leasing or renting other residential property.

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