Back to Questions
consumerMA

How does small claims court work in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Jurisdictional Limit

Mass. Gen. Laws ch. 218, § 21 caps small claims at $7,000, with an exception for property damage claims arising from motor vehicle accidents, which have no dollar limit.

2. Court Name

Small Claims Session of the District Court, Boston Municipal Court, or Housing Court (depending on subject matter and location).

3. Filing Fee

Filing fees scale with claim size: $40 (up to $500), $50 ($501-$2,000), $100 ($2,001-$5,000), $150 (over $5,000). Indigent plaintiffs may file an Affidavit of Indigency under G.L. c. 261, § 27A.

4. Filing the Claim

File a Statement of Small Claim and Notice (Form SC-1) in the court division covering the defendant's residence, place of business, or where the cause of action arose (Mass. Unif. Sm. Cl. R. 2). Service is performed by the court via first-class mail; if returned, the plaintiff may use certified mail or constable service.

5. Defendant's Response

The court sets a hearing date (often called the "first court date") 30-60 days after filing. No written answer is required; defendants may file written claims/counterclaims at or before the hearing. Failure to appear results in default judgment.

6. Attorney Representation

Attorneys are permitted on both sides (Mass. Unif. Sm. Cl. R. 4(c)). Corporations and LLCs may appear through any officer, director, or employee — not solely through counsel.

7. Hearing

Hearings before a clerk-magistrate or judge are informal; the Massachusetts Rules of Evidence do not apply (Rule 7(g)). Many sessions begin with mediation by trained volunteers.

8. Judgment & Collection

Critically, by filing in small claims the plaintiff WAIVES the right to appeal an adverse judgment. Only defendants may appeal to a 6-person jury or judge trial de novo within 10 days (G.L. c. 218, § 23). Collection tools include supplementary process (debtor's exam) under G.L. c. 224, wage garnishment via trustee process (G.L. c. 246 — limited to 25% of disposable earnings), and execution against real and personal property.

9. Statute of Limitations

Standard SOLs apply: 6 years for contracts (G.L. c. 260, § 2), 3 years for personal injury and property damage (G.L. c. 260, § 2A), and 3 years for fraud (G.L. c. 260, § 2A).

This is legal information, not legal advice.

When to Talk to a Lawyer
  • You want to preserve appeal rights — file in District Court regular civil session instead of small claims
  • Your claim exceeds $7,000 (except motor vehicle property damage) and requires regular civil court
  • The defendant has appealed to a jury trial de novo, requiring formal rules of evidence and procedure
Related Statutes & Laws
  • Mass. Gen. Laws ch. 218, §§ 21-25
  • Mass. Uniform Small Claims Rules

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.