Which claims can be brought as small claims?

Unless your suit is based upon property damage sustained in an automobile accident, it cannot exceed $7,000.00. The claim may, however, be subject to statutory damages or attorney’s fees in excess of $7,000.00 (e.g., consumer protection cases or certain landlord/tenant cases). In those cases, the base amount may not exceed $7,000.00 even though the potential award may exceed that amount.

Where do I file a Massachusetts small claim?

You may bring a small claim only in the court for the area where either the plaintiff or the defendant lives or has a place of business or employment. A small claim against a landlord arising from the rental of an apartment may also be brought where the apartment is located. You may find it easier to enforce a decision in your favor if you bring your small claim where the defendant lives or works, but you are not required to do so.

How do I bring a small claims action in Massachusetts?

By filing a court form called a “Statement of Claim and Notice of Trial” and paying a filing fee. The form is available in the clerk’s office of any of the 62 district courts. The person or business filing the claim is called the “plaintiff.”  The person or business being sued is called the “defendant.”

Massachusetts Small Claims Information

The Massachusetts legislature in 2010 increased the maximum amount for small claims from $2,000. to $7,000. As a result, many more individuals as well as business will now be able to utilize the small claims process to collect debts without incurring legal fees for other substantial costs.