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Small Claims Guide

Small claims in Massachusetts.

Massachusetts small claims courts handle disputes up to $7,000, with exceptions for certain cases like property damage from automobile accidents.

$7,000Most you can sue for
$40–$150Filing fee
30–90 daysTypical timeline
See what you can sue forCalculate my filing fee
  • Most you can sue for$7,000Exceptions apply for certain cases like property damage from automobile accidents.
  • Filing fee$40-$150Varies based on claim amount.
  • CourtDistrict Court, Boston Municipal Court, or Housing CourtDepending on the case type and location.
  • Lawyers at trialAllowedParties may represent themselves or hire an attorney.
  • Appeal window10 daysDefendant may appeal for a new trial.
  • Recent change—No major changes in the last 3 years.
What you can sue for

Find your situation.

Massachusetts small claims handles money disputes up to $7,000 (or $7,000 if you're a business). Browse 7 categories and 39 specific claim types below.

Massachusetts allows you to file claims for breaches of contract and money owed up to $7,000. The statute of limitations varies depending on the type of contract.

Wrong court for these10 situations small claims can’t handle

  • Eviction (unlawful detainer)

    Eviction cases are not handled in small claims court and must be filed in the appropriate housing or district court.

    Try instead: Housing Court or District Court

  • Defamation (libel and slander)

    Defamation cases are excluded from small claims court due to their complexity and the need for formal procedures.

    Try instead: Superior Court

  • Malpractice claims

    Professional malpractice claims require expert testimony and are not suitable for small claims court.

    Try instead: Superior Court

  • Family law matters

    Divorce, child custody, and support cases are handled by family courts, not small claims court.

    Try instead: Probate and Family Court

  • Claims against the federal government

    Claims against federal agencies must be filed in federal court, not state small claims court.

    Try instead: U.S. District Court

  • Class actions

    Class action lawsuits are complex and exceed the jurisdiction of small claims court.

    Try instead: Superior Court

  • Injunctions and specific performance

    Small claims court cannot issue orders requiring someone to do or stop doing something.

    Try instead: Superior Court

  • Workers' compensation claims

    These claims are handled by the Department of Industrial Accidents, not small claims court.

    Try instead: Department of Industrial Accidents

  • Probate matters

    Issues related to wills and estates are handled by probate courts, not small claims court.

    Try instead: Probate and Family Court

  • Title to real estate

    Disputes over property ownership are beyond the jurisdiction of small claims court.

    Try instead: Land Court or Superior Court

The process

From owed to paid in 6 steps.

1

Send a demand letter

Not required, but always do it. While not required, sending a demand letter can facilitate settlement and is advisable before filing a claim.

2

Check your deadline

Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.

Did you miss your deadline?

Pick the type of dispute and tell us when it happened. We'll tell you when the Massachusetts deadline runs out.

The discovery rule applies to fraud claims, starting the statute of limitations when the fraud is discovered.

3

File your case

File at the District Court, Boston Municipal Court, or Housing Court. Most cases go in the county where the defendant lives or where the dispute happened.

How much will it cost to file?

Enter what you're owed. We'll calculate the Massachusetts filing fee and tell you if you're under the cap.

If you win, filing fees and reasonable service costs are added to the judgment against the defendant.

E-filing in Massachusetts: E-filing is available through the Massachusetts Guide and File program for small claims cases.

4

Serve the defendant

The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 7 days before the hearing (in the same county) or 14 days (out of county). You can’t hand them the papers yourself.

Allowed methods

  • Certified mail by clerk. The court clerk sends the Statement of Small Claim and Notice of Trial to the defendant via certified mail.
  • Personal service by sheriff or constable. A sheriff or constable personally delivers the court documents to the defendant.

File the proof of service (CIV-108) at least 3 days before the hearing.

What if you can’t find the defendant?

If the defendant cannot be located, the court may allow service by publication.

If the defendant is evading service, the court may permit alternative methods of service.

5

Show up to the hearing

Informal bench trial, typically lasting 10-15 minutes per case.

Lawyers at trial: Allowed. Parties may represent themselves or be represented by an attorney.

When you’ll get the decision: On the spot or mailed within a few weeks.

Free mediation on hearing day. Mediation may be offered on the day of trial to help parties reach a settlement.

What to bring

  • Contracts
  • Receipts
  • Photographs
  • Witnesses
If the defendant doesn’t show up

If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.

You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim.

If you’re the defendant being sued

The defendant is not required to file a written answer but may do so. They must appear at the scheduled hearing.

Counter-suing the plaintiff: Allowed using CIV-110 (Defendant's Counterclaim). Serve the plaintiff at least 2 days before trial (same county) or 4 days (out of county).

6

If you win, collect

This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 12% interest per year while unpaid.

  • Wage garnishment

    Have a portion of the debtor's wages withheld until the judgment is paid.

    How it works

    File a writ of execution with the court, serve it on the debtor's employer, and the employer will withhold a portion of the debtor's wages to satisfy the judgment.

    Cost: $5 plus service fees

    Notes: Effective if the debtor is employed and earns above the exemption threshold.

    What’s protected:

    • 75% of disposable earnings or 50 times the federal minimum hourly wage per week, whichever is greater.

  • Bank levy

    Seize funds from the debtor's bank account to satisfy the judgment.

    How it works

    Obtain a writ of execution, serve it on the debtor's bank, and the bank will freeze and turn over funds to satisfy the judgment.

    Cost: $5 plus service fees

    Notes: Effective if the debtor has sufficient funds in the bank account.

    What’s protected:

    • $2,500 is exempt from levy.

  • Property lien

    Place a lien on the debtor's real property to secure the judgment.

    How it works

    Record the judgment with the county registry of deeds to place a lien on the debtor's property, which must be satisfied before the property can be sold or refinanced.

    Cost: Varies by county

    Notes: Effective if the debtor owns real property.

    What’s protected:

    • Homestead exemption up to $500,000.

  • Writ of execution

    Authorize a sheriff to seize and sell the debtor's non-exempt property.

    How it works

    Obtain a writ of execution from the court, and the sheriff will seize and sell the debtor's non-exempt property to satisfy the judgment.

    Cost: $5 plus sheriff's fees

    Notes: Effective if the debtor has valuable non-exempt property.

    What’s protected:

    • Various personal property exemptions apply.
Multiple creditors? Priority rules.

Priority among creditors is generally determined by the order in which liens are recorded.

Appeals

Can you appeal if you lose?

defendant

  • Deadline: 10 days from the judgment notice.
  • Filing fee: $25.
  • Form: CIV-107 — Application for Appeal.
  • Type: Trial de novo — the case is heard fresh in the higher court.

The appeal results in a new trial before a judge or jury.

Filing the appeal automatically pauses any collection efforts until the appeal is resolved.

Frivolous appeal? Up to $100 in attorney fees.

The court may award additional costs up to $100 for frivolous appeals.

Mass. Gen. Laws ch. 218, § 23

Don’t make these mistakes

Why cases get dismissed.

  • Incorrect defendant information

    What goes wrong: If you sue the wrong party or use incorrect information, the case may be dismissed or the judgment unenforceable.

    How to avoid it: Verify the exact legal name and address of the defendant before filing. For businesses, check with the Secretary of State's office.

  • Missing statute of limitations

    What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your case.

    How to avoid it: Determine the applicable statute of limitations for your claim type and file within that period.

  • Insufficient evidence

    What goes wrong: Without adequate evidence, you may lose your case even if your claim is valid.

    How to avoid it: Gather all relevant documents, photos, and witness statements to support your claim.

  • Failure to appear in court

    What goes wrong: If you don't show up for your hearing, your case may be dismissed or you could lose by default.

    How to avoid it: Mark your calendar and ensure you attend the scheduled hearing.

  • Ignoring court procedures

    What goes wrong: Not following court rules can lead to delays or dismissal of your case.

    How to avoid it: Familiarize yourself with the court's procedures and comply with all requirements.

  • Overestimating claim amount

    What goes wrong: Claiming more than the allowable limit can result in dismissal or transfer to a higher court.

    How to avoid it: Ensure your claim does not exceed the $7,000 limit, or waive the excess to stay within small claims jurisdiction.

FAQ

Common questions.

Do I need a lawyer?
No, you are not required to have a lawyer in small claims court. The process is designed to be accessible for individuals representing themselves. However, you may choose to hire an attorney if you prefer.
How long does it take?
The timeline varies, but most small claims cases are scheduled for a hearing within 30 to 70 days after filing. The exact duration depends on the court's schedule and the specifics of your case.
What's the maximum I can sue for?
In Massachusetts, the maximum amount you can sue for in small claims court is $7,000. Exceptions apply for certain cases, such as property damage from automobile accidents, where higher amounts may be claimed.
What happens if the defendant doesn't show up?
If the defendant fails to appear at the scheduled hearing, the court may enter a default judgment in your favor. You will still need to provide evidence to support your claim before the judgment is granted.
Can I appeal?
In Massachusetts, only the defendant has the right to appeal a small claims judgment. The appeal must be filed within 10 days of the judgment and results in a new trial before a judge or jury.
How long is a judgment good for?
A judgment in Massachusetts is valid for 20 years. During this time, you can take steps to collect the judgment, such as wage garnishment or placing a lien on the debtor's property.
Sources10 citations and statutes

This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.