How to file a small claims case in Massachusetts, step by step

Ask for payment in writing

Small claims don't require a demand in general, but a consumer suing a business under the consumer protection law (Chapter 93A) must usually send a written demand letter at least 30 days before filing.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Massachusetts you can sue for up to $7,000 in the Small Claims Session of the District Court, Boston Municipal Court or Housing Court.

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served (not a P.O. box)
• The amount you're asking for and how you got that number
• The date the problem happened
• A short plain description of what happened
• Proof you asked for payment, if you did

Find the defendant's exact legal name

Use the company's exact legal name and a correct mailing address, since the court serves by mail.

Search: Massachusetts Secretary of the Commonwealth Corporations Search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Statement of Small Claim: Statement of Small Claim and Notice of Trial. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $7,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the Statement of Claim, including the statement about whether the defendant is in the military.

Make copies

Bring the completed form and a copy for yourself; the court mails the defendant's copy.

File your claim

Choose how you'll file:

The District Court or Boston Municipal Court where you or the defendant lives, works or has a business. Claims about an apartment can also be filed where it is; Housing Court takes only rental housing cases.

Pay the filing fee

$40 for claims up to $500, $50 up to $2,000, $100 up to $5,000, and $150 above that (including car accident claims over $7,000). Filing online adds a $7 eFiling fee. Can't afford it? Ask for a fee waiver: Affidavit of Indigency.

Keep what the clerk gives you

The clerk mails the Statement of Claim and Notice of Trial to the defendant, and you get the trial date.

Have the papers served

You don't serve the papers yourself. The court mails the Statement of Claim to the defendant: first-class mail in Massachusetts, certified mail out of state. If it comes back, the case can't go forward.

The court mails the notice; make sure the defendant's address is correct.

File proof of service

The court serves the defendant by mail, so you don't file proof of service.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant doesn't have to file an answer but must come to the trial.

Settling before the hearing

Many cases settle in mediation on the trial day; if you settle earlier, tell the clerk in writing.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk for a witness summons; a constable or deputy sheriff must deliver it.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• Expect to be offered mediation before the trial
• Bring copies of your exhibits for the magistrate and the defendant
• Arrive 30 minutes early and check in with the clerk or bailiff
• Bring your witnesses, or a subpoena if they won't come voluntarily
• Turn your phone to silent; dress neatly

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come, you'll likely get a default judgment, but you still need to prove your claim. If you don't come, your case is decided against you.

Know the appeal rules

Only the defendant can appeal. They have 10 days after receiving the decision to ask for a new trial before a judge or a six-person jury, pay a $25 fee, and usually post a $100 bond. If you filed the case and lose, you can't appeal.

Collect your money

The court doesn't collect for you, but if they don't pay you can ask for a payment hearing, where the court can order payments and hold a debtor who can pay but refuses in contempt.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.