Filing a claim in the Massachusetts District Court or Boston Municipal Court, the courts that handle small claims matters in Massachusetts, can be a straightforward and inexpensive way to settle a dispute. But you must follow the rules to prevail.
Below are answers to some common questions about the Massachusetts small claims court process. You'll learn about preparing and presenting your case, appealing a small claims decision, and collecting a money judgment. You'll also find links to more helpful small claims information at the end of the article.
A small claims case starts by filing a claim with the Massachusetts District Court or Boston Municipal Court. You'll serve a copy of the claim on the "defendant," the person or company you're suing.
At the trial, you'll present evidence supporting your case. In response, the defendant could present a defense to your action or, if the defendant filed a crossclaim, submit evidence proving you owe the defendant money.
The magistrate will issue a money judgment to whoever proves they're entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.
You can ask for up to $7,000 (with some exceptions) in the small claims division in Massachusetts District Court or Boston Municipal Court, the courts that handle small claims matters in Massachusetts. There's no limit for property damage caused by a motor vehicle, some statutory damages and attorney fee awards, and awards of double or triple damages under the Consumer Protection Laws. (Mass. Gen. Laws ch. 218, § 21; ch. 93A, § 9 (2025).)
Plaintiffs with claims exceeding the limit can use small claims court if they are willing to accept the $7,000 maximum. Otherwise, they must file in a higher court.
The small claims division of the Massachusetts District Court doesn't hear evictions. However, it's an excellent forum for other cases typically brought in small claims courts, such as property damage cases and breach of contract disputes.
Massachusetts has many courts, but you can't always pick the most convenient location. You must choose the proper court location, or venue. Otherwise, the defendant can ask the court to transfer or dismiss your action. In Massachusetts, you can file in the District Court or Boston Municipal Court where:
(Mass. Gen. Laws ch. 218, § 21 (2025).)
You can use the Massachusetts Secretary of the Commonwealth's corporations database to search for company information. You might have other options, depending on your case. Most courts post venue rules on the court website.
You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.
The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, a personal injury statute of limitations typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.
Yes. In Massachusetts, lawyers can appear on behalf of the parties in a small claims case. (Massachusetts Small Claims Standards Rule 6:09 (2025).) However, you aren't required to hire a lawyer. Small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per" or without counsel.
No, the defendant isn't required to file a written response to the small claims complaint. A defendant can show up on the trial date and present a defense to avoid an automatic loss and default judgment. (Massachusetts Small Claims Standards Rule 5 (2025).)
Learn more about what to expect if you get sued in small claims court.
By filing a small claims lawsuit in District Court or Boston Municipal Court, the plaintiff waives a trial by jury. So that means a magistrate will hear your small claims case and issue a judgment.
You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.
It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.
One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured or repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.
If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged about it. You might also want to present photos of shoddy work or damaged property.
If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of an illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.
Learn about gathering evidence in support of your small claims case.
After providing the magistrate with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.
Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.
The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.
No. You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.
Learn more about determining whether you can collect before suing in small claims court.
Yes. Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.
Learn more about why you shouldn't sue unless you can collect the judgment.
Yes, but only if you're a defendant who appeared at the trial. Massachusetts law doesn't allow a plaintiff or defaulting defendant to appeal. A qualifying defendant must file a "Claim of Appeal" form requesting another trial by a judge or jury within ten days after receiving written notice of the magistrate's decision. You'll also be required to pay a small fee and deposit a $100 bond. (Mass. Gen. Laws ch. 218, § 23; Mass. Uniform Small Claims Rule 10 (2025).)
In many small claims courts, the clerk sends a notification of the decision or judgment by mail, but the procedure used by your court could be different. You must comply with all the rules for appeal, so be sure to do your research and count the dates accurately, or talk with a local attorney.
Most courts publish filing instructions on the court website or provide self-help services. For additional resources, try the Massachusetts Courts' small claims self-help page. You can also view Massachusetts statutes online on the Legislature's website. (See, especially, Mass. Gen. Laws ch. 218, §§ 21 to 25; ch. 223, § 6; ch. 93A, § 9.) And find small claims court rules on the Massachusetts Court System website.
For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is a great place to start if you have other questions.
After reading through all of those resources, you might decide that you'd like to consult an attorney. An experienced local lawyer can walk you through the process and help you weigh your options.