How do I file a small claims case in Massachusetts to get money someone owes me?
In Massachusetts most simple contract or tort claims for $7,000 or less are handled through the small claims procedure in district and Boston municipal courts. The procedure is informal, uses a short written statement of the claim, and has set filing fees tied to the claim amount. The court provides options for early hearings and may offer mediation if both parties agree.
When a claim is filed the clerk gives notice about mediation and other procedures, and the rules require certain information and verification when the claim involves trade, commerce, or assigned debt. If a defendant does not appear, the court has specific checks before entering default judgment to confirm jurisdiction, liability, and the correct award amount.
Current Massachusetts law
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The deadline that matters
If the plaintiff wants mediation after filing, the plaintiff must indicate that desire to the court within 10 days after the court’s mediation notice is given or sent under Mass. Trial Ct. R. 4.
What Massachusetts law says
The small claims procedure covers most contract or tort claims where the plaintiff seeks no more than $7,000, and is available in the district and Boston municipal court departments under M.G.L. c. 218, § 21. The procedure requires a concise written statement of the claim and sets filing fees linked to the amount claimed under M.G.L. c. 218, § 22. The Trial Court rules describe required forms and verification for claims arising from trade or assigned debt (Mass. Trial Ct. R. 2), notice about mediation and a 10-day response option for the plaintiff (Mass. Trial Ct. R. 4), and the court’s approach to trials and default judgments (Mass. Trial Ct. R. 7). Local district courts must hold regular small claims sittings (Mass. Spec. Dist. Ct. R. 202).
What to do
A common first step is to complete the court’s Statement of Small Claim form and pay the entry fee set by statute under M.G.L. c. 218, § 22.
A common next step is to assemble evidence: contracts, invoices, payment records, messages, and the filled claim form and evidence checklist.
A common option is to file any required Verification of Defendant’s Address form when the claim arises from trade, commerce, or assigned debt as described in Mass. Trial Ct. R. 2.
A common next step is to watch for the clerk’s mediation notice and, if desired, indicate interest in mediation within 10 days under Mass. Trial Ct. R. 4.
A common final step is to appear at the scheduled small claims hearing; if a defendant defaults the court must still review jurisdiction, the sufficiency of the claim, and evidence before entering judgment under Mass. Trial Ct. R. 7.
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Common questions
How much can I claim in small claims court in Massachusetts?
The small claims procedure generally covers claims for $7,000 or less in the district and Boston municipal court departments, per M.G.L. c. 218, § 21.
What are the filing fees?
Statute sets entry fees that vary by amount claimed; see the fee schedule in M.G.L. c. 218, § 22 for the applicable fee amounts.
Will the court offer mediation?
Yes, the clerk informs plaintiffs that the action may be submitted for mediation and the plaintiff has 10 days to request mediation as described in Mass. Trial Ct. R. 4.
Do I need to verify the defendant’s address?
If the claim arises from trade or commerce or is an assigned debt, the plaintiff must file a Verification of Defendant’s Address form with the claim under Mass. Trial Ct. R. 2.
What happens if the defendant does not appear?
A default does not automatically produce a judgment; the court must still determine it has jurisdiction, that the claim is legally sufficient, and that facts support the award before entering default judgment under Mass. Trial Ct. R. 7.
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This page provides legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
