Small Claims Court & Lawsuits

Massachusetts Small Claims Court

Find out how to file a Massachusetts small claims court lawsuit.
By Cara O'Neill, Attorney · University of the Pacific McGeorge School of Law
Updated by Jessica Gillespie, MSLIS · Long Island University
Updated: Oct 20th, 2023
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Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.



What Is the Dollar Limit in Massachusetts Small Claims Cases?

Because of the relaxed procedures, you won’t be able to recover as much as you might in other courts. You can recover up to $7,000 in a small claims court action in Massachusetts District Court or the Boston Municipal Court (the courts that handle small claims cases in Massachusetts).

However, there are some exceptions to the general limit. For example, there's no limit for a property damage award when the damage was caused by a motor vehicle. In other cases, the plaintiff can't ask for more than $7,000 but can be awarded more than $7,000 when entitled to statutory damages and attorney fees, or double or triple damages under the Consumer Protection Laws. (Mass. Gen. Laws ch. 218, § 21; ch. 93A, § 9 (2025).)

If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the expense of hiring an attorney.

What Type of Claim Can I Bring in a Massachusetts District Court?

Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.

"Defendants" or those sued can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.

On the other hand, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody. And in many states, including Massachusetts, landlords aren't allowed to bring eviction lawsuits in small claims court. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.

How Do I File a Small Claims Action in Massachusetts?

The first step in a small claims lawsuit is filing a claim with the District Court or Boston Municipal Court and paying the required fees. The claim would be called a “complaint” in a higher court.

If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in Massachusetts’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.

Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.

For your complaint, you'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.

You must also inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”

Be sure to confirm with the court clerk that you’re filing in the right court (more on that below) and using the appropriate form of service. Also, don’t leave without knowing how much time you have to serve the paperwork and when you must file the proof of service, the document that tells the court that the defendant received notice of the hearing and claim.

How Much Time Do I Have to File a Small Claims Action in Massachusetts?

A limited amount because you must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.

How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action.

Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily or “toll” in some situations, such as if the plaintiff is a minor or incarcerated.

Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.

Which Massachusetts District Court Should I File In?

In Massachusetts, you’ll file your small claims matter in the Massachusetts District Court or Boston Municipal Court. If you choose the wrong location, or "venue," the defendant can ask the court to move or dismiss the action.

The general venue rules of the Massachusetts District Court require you to file in the following judicial district:

  • where the plaintiff or defendant resides
  • where the plaintiff or defendant is employed
  • where the plaintiff or defendant does business, or
  • if the action is against a landlord, where the property is located.

(Mass. Gen. Laws ch. 218, § 21 (2025).)

If the defendant is a non-resident of Massachusetts, or if the defendant's residence is unknown, other rules will apply, and other exemptions might exist. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.

You can find information about a Massachusetts business by searching the Secretary of the Commonwealth's corporations database.

Does the Defendant Need to Respond to a Small Claims Action in Massachusetts?

In some states, defendants must file a written response to a small claim. In Massachusetts, though, written responses aren’t required in the small claims division; a defendant can simply appear at the trial and offer a defense against the plaintiff's claim. (Massachusetts Small Claims Standards Rule 5 (2025).)

How Do I Prepare for Trial in Small Claims Court?

In small claims court, you won’t need to worry about details like jury selection, because a magistrate will decide the case.

Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do well is through careful preparation. Consider doing the following:

  • preparing a compelling statement
  • gathering documents and evidence, such as contracts, credit card statements, and photographs
  • selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
  • deciding on the order in which you will present your evidence, and
  • preparing what you will say in court.

Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.

It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the magistrate who hears the case can consider estimates, bills, and other loss statements.

What Happens If the Other Side Doesn’t Show Up?

You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.

What Happens If I Win My Massachusetts Small Claims Case?

The magistrate will order the other party to pay a specified amount if you win. Some magistrates announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the magistrate's decision a few days after the hearing.

How Do I Collect a Money Judgment?

Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.

If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.

Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.

Can I Appeal a Massachusetts Small Claims Court Decision?

Massachusetts has strict rules for appealing small claims court cases. If you don’t agree with the outcome of the case, you’ll be able to appeal only if you’re the defendant and show up for the trial. Plaintiffs and defaulting defendants, or those who failed to appear at trial, aren’t allowed to appeal in Massachusetts. But you have to move fast. You’ll lose your rights if you don’t file an appeal on time.

Massachusetts law requires the defendant to file a "Claim of Appeal" form requesting review by a judge or jury within ten days after receiving written notice of the magistrate’s decision. You’ll also have to pay a small fee, and deposit a bond with the court. Be sure to begin counting from the right date. Contact the court clerk if you have a difficult time ascertaining it.

(Mass. Gen. Laws ch. 218, § 23; Mass. Uniform Small Claims Rule 10 (2025).)

Caution: Check the dates carefully. Be sure to begin counting from the right date; contact the court clerk if you have a difficult time ascertaining it. You must comply with deadlines and all other appeal requirements explicitly. If you're unsure about the appeal process, follow up with the self-help center or a local attorney.

Where Can I Find More Information About Massachusetts Small Claims Court?

You can start by reading Massachusetts small claims laws online. Go to the Legislature's website to find statutes (see, especially, Mass. Gen. Laws ch. 218, §§ 21 to 25; ch. 223, § 6; ch. 93A, § 9). And you can find the Uniform Small Claims Court Rules on the Massachusetts Court System website.

Most small claims courts have some self-help service available. For instance, the Massachusetts Courts' small claims self-help page has lots of information, as well as links to additional resources and forms.

You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.

Can I Hire a Lawyer to Represent Me in Small Claims Court in Massachusetts?

If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in Massachusetts small claims court, but you're not required to have an attorney in small claims court. (Massachusetts Small Claims Standards Rule 6:09 (2025).)

About the Author

Cara O'Neill Attorney · University of the Pacific McGeorge School of Law

Cara O'Neill is a legal editor at Nolo, focusing on bankruptcy and small claims. She also maintains a bankruptcy practice at the Law Office of Cara O’Neill and teaches criminal law and legal ethics as an adjunct professor. Cara has been quoted in bankruptcy, finance, small claims, and litigation articles by news outlets that include USA Today, CNBC, U.S. News & World Report, Nerd Wallet, and Yahoo Finance.

Jessica Gillespie MSLIS · Long Island University

Jessica Gillespie is a Legal Editor and Nolo’s Research Director. Her articles appear on Nolo.com, CriminalDefenseLawyer.com, and Lawyers.com.

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