What is the small claims limit in Massachusetts?
Massachusetts small claims procedure is governed by M.G.L. c. 218 §§ 21-25 and the Uniform Small Claims Rules.
1. Monetary Limit — M.G.L. c. 218 § 21 caps small claims at $7,000, except there is no monetary limit for property damage from motor vehicles. The court may also hear consumer protection claims and certain landlord-tenant security deposit disputes in addition to general civil claims.
2. Filing Fee — Sliding scale: $40 for claims up to $500, $50 for $500-$2,000, $100 for $2,000-$5,000, $150 for $5,000-$7,000 (M.G.L. c. 262 § 4C). Includes basic service fee.
3. Lawyers — Permitted at all stages. Corporations and LLCs may be represented by an officer or employee in small claims (Uniform Small Claims Rule 4(c)).
4. Statute of Limitations — Standard Massachusetts SOLs: 6 years for contracts (M.G.L. c. 260 § 2), 3 years for personal injury and property damage (M.G.L. c. 260 § 2A), 3 years for fraud (M.G.L. c. 260 § 2A), 2 years for replevin.
5. Where to File — District Court, Boston Municipal Court, or Housing Court (for landlord-tenant disputes) in the division where (a) one of the parties resides or has a usual place of business, (b) the cause of action arose, or (c) the property is located (Uniform Small Claims Rule 4).
6. Service — Court clerk serves by first-class mail. If returned undelivered, plaintiff may request certified mail or personal service by constable. Defendant must answer at the date stated in the notice (typically 30-60 days).
7. Hearing — Heard before a clerk-magistrate or judge. Informal procedure; rules of evidence relaxed.
8. Appeal Rights — Asymmetric: only the defendant may appeal a small claims judgment, and only within 10 days of receiving notice of judgment (M.G.L. c. 218 § 23). Appeal is to a District Court judge for a jury-of-six trial, or to a Superior Court judge if the case originated in BMC. Plaintiffs cannot appeal but may file a motion for new trial within 10 days for clerical or factual error.
This is legal information, not legal advice.
- Claim exceeds small claims limit
- Defendant counter-sues for higher amount
- Complex contract or business dispute
- M.G.L. c. 218 § 21
- M.G.L. c. 218 § 23
- M.G.L. c. 262 § 4C
- M.G.L. c. 260 § 2
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.