Massachusetts small claims court is a simpler, cheaper way to settle money disputes up to $7,000 [1]. You don’t need a lawyer, the paperwork is short, and the other side is notified by mail [2]. Cases are usually heard by a clerk-magistrate [2].
At a glance
- Limit
- $7,000 [1]
- Car-accident property damage
- No limit [1]
- Filing fee
- $40 to $150, depending on the amount [2][4]
- Which courts
- District Court, Boston Municipal Court, Housing Court [1][6]
- Appeal
- Defendant only, within 10 days [3][5]
What you can sue for
Small claims covers claims in contract or tort, such as an unpaid loan, a contractor who took the money and didn’t finish, or damage to your property, up to $7,000 [1]. Slander and libel claims aren’t allowed [1].
Two important exceptions to the limit [1]:
- Car accidents. There’s no dollar limit for property damage caused by a motor vehicle.
- Double or triple damages. If a law lets the court multiply damages, the case can still go in small claims even if the final award could be higher.
Filing fees
| Amount you're claiming | Filing fee |
|---|---|
| $500 or less | $40 |
| $501 to $2,000 | $50 |
| $2,001 to $5,000 | $100 |
| $5,001 to $7,000 | $150 |
| Car-accident property damage over $7,000 | $150 |
The base fees are set by statute, plus a state surcharge [2]; the totals above are what the Trial Court lists [4]. If you win, you can generally ask to recover your filing costs from the other side [4].
Which court to use
Small claims cases are heard in the District Court, the Boston Municipal Court and the Housing Court [1][6]. Housing Court is an option for landlord-tenant money disputes, such as a security deposit. The Trial Court’s filing page explains which court location to use [6].
How to file
- Try to settle first. A clear demand letter, with a deadline, sometimes ends the dispute without court.
- Fill out a Statement of Claim. Every small claims case starts on this form. You state what you’re owed, broken into damages, any attorney’s fees and costs, and the total [6].
- File it and pay the fee. You can file in person, by mail or online [6].
- The court notifies the other side. Small claims uses first-class mail instead of formal service in most cases [2].
- Mediation, then a hearing. At the start, you’re told the case can go to mediation if both sides agree. If it doesn’t settle, a clerk-magistrate hears it [2].
Appeals: only the defendant gets one
The person who files a small claims case gives up the right to appeal [3][5]. If you’re the plaintiff and you lose, the magistrate’s decision is final, unless you’re appealing a decision on a counterclaim the defendant brought against you [5].
A defendant who loses can appeal within 10 days of receiving the magistrate’s decision. The appeal goes to a trial before a judge or a jury of six, with a $25 entry fee and a $100 bond [3]. The court can reduce or waive the fee and bond for someone who can’t afford them [3][5]. A defendant who didn’t show up for the magistrate hearing (a default) can’t appeal [5].
Sources
- Massachusetts General Laws, Chapter 218, Section 21 (small claims procedure and limit)
- Massachusetts General Laws, Chapter 218, Section 22 (entry fees, mediation, clerk-magistrates)
- Massachusetts General Laws, Chapter 218, Section 23 (appeals)
- Massachusetts Trial Court: Small Claims Standards 3:03, Filing fees
- Massachusetts Trial Court: What to do if you lose your small claims case
- Massachusetts Trial Court: File a small claim in the Boston Municipal Court, District Court, or Housing Court
Common questions
What is the small claims limit in Massachusetts?
$7,000. The limit doesn't apply to claims for property damage caused by a motor vehicle, so car-accident damage claims can be larger.
How much does it cost to file a small claim in Massachusetts?
$40 for claims of $500 or less, $50 up to $2,000, $100 up to $5,000 and $150 up to $7,000. Car-accident property damage claims over $7,000 also cost $150.
Can I appeal if I lose in Massachusetts small claims court?
Only the defendant can appeal, within 10 days of getting the magistrate's decision, with a $25 fee and a $100 bond that can be waived for people who can't afford it. A plaintiff who files in small claims gives up the right to appeal, except on a counterclaim.