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Chamber of Commerce Member

(617) 479-4300

Massachusetts Attorney

Massachusetts Lawyer

Consumer Protection

If you are unable to resolve a relatively small dispute you may wish to use Small Claims Court. This quick forum is designed to settle disputes of $2,000 or less without the aid of an attorney. An exception to the $2,000 maximum is made for property damage caused by a motor vehicle. The person bringing the suit has the option to file suit in the District court where either the Plaintiff or Defendant lives or has her/his place of business or employment. To file suit, obtain the appropriate form, called the Statement of Claim and Notice, from the Small Claims Clerk in your district.

If an action is one for which double or treble (triple) damages are permitted by law, the limit may be increased to $4,000 for double damages and $6,000 for treble (triple) damages. The law also provides for double or treble damages plus costs and attorney fees in certain landlord/tenant situations and actions brought under Chapter 93A.

SMALL CLAIMS COURT FUNCTIONS

The atmosphere of Small Claims Court is informal, and the rules of the Court are simple. You can sue or be sued in this Court without being represented by a lawyer, because the more formal procedures characteristic of other courts are not required. Instead, you are allowed to present you own evidence and speak in layperson’s terms.

By choosing a Small Claims Court, you waive all right to a jury trial. Furthermore, it is only in very specific instances that you have the right to appeal to a higher court if the Clerk does not find in your favor. Defendants, however, always have the right to appeal.

If the other party has a lawyer, you are not necessarily at a disadvantage because you are representing yourself. The participation by lawyers representing parties may be limited in a manner consistent with the simple and informal adjudication of the controversy. It is the Clerk’s duty to ensure all parties a fair hearing.

SELECTING THE APPROPRIATE COURT

Small Claims sessions are conducted in every Massachusetts District Court, the Boston Municipal Court, the Hampden County Housing Court, the Worcester Housing Court, and the Boston Housing Court. Each District Court is formally identified by its county name and by a district number or region within the county. Each District Court is also informally identified by the name of the city or town where it is located. (See the Directory of Small Claims Courts at the end of this publication). A list of courts is located at the bottom of this document.

The Plaintiff (the person bringing the suit) has the option to file suit in the District court where either the Plaintiff or Defendant lives or has her/his place of business or employment. In landlord-tenant disputes, the Plaintiff could sue in the district where the property is located.

FILING YOUR CLAIM

To file suit, obtain the appropriate form, called the Statement of Claim and Notice, from the Small Claims Clerk in your district. Fill out the form completely and accurately.

You must furnish the precise legal name and address of the party you are suing. For example, S & J Construction, Inc. You may sue any individual, business, partnership, or corporation. The legal name of a business which is not a corporation may be determined by contacting the clerk in the city or town hall and requesting business certificate information. The legal name of a corporation can be obtained from the Secretary of State Corporations Division by calling 617-727-2850.

Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.

The Clerk will provide a copy of your completed Statement of Claim and Notice form, which will show the date and time of trial. You will also receive a Docket Number, or reference number for your suit. Use this number to identify your case when you contact the Clerk.

The Clerk then will promptly send to the Defendant by certified mail, return receipt requested, and also by separate first class mail, at the address or addresses supplied by you, a copy of the Statement of Claim and Notice form. Such certified mail notice of the claim is sufficient, even if it is returned unclaimed or refused by the Defendants, as long as the first class mail notice is NOT returned to the court undelivered. The court may provide for any other means of service in individual cases as is deemed necessary.

PREPARING FOR TRIAL

A week before the hearing, call the Clerk to ensure that the Defendant has received the Statement of Claim and Notice. The Clerk will inform you if the case was postponed, or if the Defendant has filed an answer. Obtain a copy and use the Defendant’s answer to prepare your case more effectively.

To refresh your memory, prepare a chronological summary of events and relevant facts to facilitate your presentation. Pull together all the evidence that will help you prove your case, such as contracts, letters, canceled checks, receipts, leases, estimates, and the actual damaged goods or photographs. Bring certified copies of the applicable Attorney General’s regulations if you are citing a specific violation. These are available at the State Bookstore, State House, Room 116, Boston MA 02133, telephone: 617-727-2834.

If you are suing under the Consumer Protection Act, Chapter 93A, notify the Clerk of that fact and that you are entitled to double or treble damages under that statute. Bring a copy of your 30 day demand letter.

You may also wish to schedule witnesses who can verify your claims or confirm your statements. If a witness refuses to participate, the clerk can help subpoena him or her. A subpoena is a court notice ordering a witness to appear in court on a trial date.

THE TRIAL

Arrive at the Court House at least an hour before your case is heard. When your case is called, you, the Defendant, and any witnesses must be sworn in. Then, the Clerk will hear each side of the case allowing each side to develop the story with evidence and witness participation. The Plaintiff or person suing, presents the case first. The presentation should be brief, well-organized and emotionally controlled. Then, the Defendant, or person being sued presents his or her version of the case. Always speak directly to the Clerk. Don’t argue with the Defendant in Court, or interrupt his or her presentation.

If the Defendant defaults, or does not show up, and you appear for trial, you automatically win. However, you must show the Court proof of your claim. (If the Defendant appears for the trial and the Plaintiff fails to appear, the case will be dismissed. If neither Plaintiff nor Defendant appears for trial, the claim must also be dismissed.)

OPTIONS FOR THE DEFENDANT

Settle: The parties may come to an agreement to settle out of court even after the suit has started. The agreement must be in writing. Notify the Court of settlement by providing a copy to the Clerk. The original copy of this settlement, entitled Agreement for Judgment, should be signed by both you and the Defendant and filed with the Court’s records, so that it may be enforced by law. Keep a copy for your records.

Answer: The filing of an answer by the Defendant is optional. The Defendant will be instructed that he or she may, if he or she wishes, submit a written answer to the claim in the form of a letter to the court, signed by him or her and setting out in clear and simple language the reason(s) why the Plaintiff should not prevail.

Default: If the Defendant fails to appear at the trial, the Plaintiff automatically wins. A Judgment and Order requiring payment of a stated amount, remains valid for 20 years. A court will require some type of showing by the Plaintiff that the claim is valid prior to entry of judgment.

Counterclaim: A Counterclaim is a Defendant’s suit in reverse against a Plaintiff. The counterclaim procedure is optional. If you have a valid claim against a party suing you, notify the Clerk that you wish to file a counterclaim. For example, if a repair shop is suing you for repair costs, you might counterclaim for the cost of repairing the part improperly installed. In the answer, or in the course of the proceedings, the Defendant may set forth in writing any claim which he has against the Plaintiff. No written answer to the Defendant’s claim is required and both the Plaintiff’s and the Defendant’s claims are deemed one case. If the Plaintiff wants more time to prepare for the counterclaim, he or she may ask the court for a continuance. (See Continuances.) A counterclaim must be filed with the Clerk at least two days prior to the hearing. A nominal charge is collected for this filing.

Continuances: Where the Defendant has been given notice, trial will not be continued to another date unless by agreement of the parties with the approval of the court, or unless there is a showing of good cause. Any motion for continuance must be in writing unless the court permits an oral application.

DECISION OF THE COURT

After hearing the arguments of both parties, the Clerk
may make an immediate decision, or may require more time for deliberation, which would leave the case Under Advisement and you would be notified by mail of the final decision. Defendant to pay you the damages and court entry fee. The Clerk may award you less than your original claim.

The Defendant has the right to appeal the decision within 10 days. The Defendant must pay an appeal fee and post $100 in cash or certified check or bond, unless the Court waives this requirement.

COLLECTING YOUR MONEY

If the Defendant fails to pay you, then you must inform the Clerk who will issue a Notice to Show Cause to you. You then must arrange to have the notice delivered to the Defendant by a county Deputy Sheriff or municipal Constable. The Notice to Show Cause will indicate the date and time of hearing. At the hearing, the Court will take appropriate action to recover payment.

Alternatively, you may ask the Clerk for an Execution form. This form allows the county Deputy Sheriff or municipal Constable to seize and sell the Defendant’s property to recover the amount owed.

Within one year of the Court’s decision, a party can apply for relief from the judgment or order. This means that the Court may decide to reverse the decision because of an error or other reasons that the Court finds sufficient. Ask the Clerk if you have any questions about this or other Small Claims Court procedures.

Because of the small amount in dispute our office does not represent clients in small claims court nor do we counsel clients on this informal type of case resolution.

If you have questions please do not call our office directly as we cannot give individual advice to non clients over the telephone, however you can click on the Massachusetts Small Claims Court site for more info.