Here is the text we could read:
Small Claims in Massachusetts: What You Need to Know
1. How do I bring a small claims
action?
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 district, Boston municipal, or
housing courts. Instructions on
completing a "Statement of Small
Claim and Notice of Trial" form can be
found on the back of the form itself.
For a listing of court locations by county,
see http://www.mass.gov/courts/court-info/
courthouses/courthouses-by-county-
gen.html . The person or business filing
the claim is called the “plaintiff.” The
person or business being sued is called
the
“defendant."
2. Where do I file a small claim?
You may bring a small claim in the District
or Boston Municipal Court where the
peTersoxtn lives, works, or has a place of
business. You may also bring a small
claim concerning the rental of an
apartment in the District Court or the
Boston Municipal Court where the
apartment is located. In the Housing
Court, every small claim must be brought
rt serving the area
in the Housing Cou
where the apartment or other residence
subject to the small claim is located.
3 Which claims can be brought as
small claims?
Unless your case 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.
Is there a time limit on when I must
4.
bring my small claim?
Yes. The time limit (called the “statute of
limitations”) varies with the nature of the
claim and applies both to small claims and
to regular civil law suits. Generally, a claim
based on a contract or a consumer
protection law must be brought within 6
years, and a claim resulting from
negligence or intentional harm must be
brought within 3 years,
but there are exceptions. Consult
Massachusetts General Laws chapter
260 or a public or law library for
additional information.
5. Will I be able to collect from the
defendant?
If you win, the defendant will be
ordered to pay the judgment if he or
she is financially able to do so. If the
defendant is able to pay and does not
do so, he or she may be held in
contempt of court and imprisoned or
assessed additional costs. Note that
some sources of income and a portion
of any wages will be exempt from any
payment order.
6. What is the filing fee for a small
claim?
The filing fee for small claims of $500
and under is $40. The filing fee for
claims of $501 to $2000 is $50. The
filing fee for claims of $2001 to $5000
is $100. The filing fee for claims of
$5001 to $7000 is $150. The filing fee
for claims of property damage of
more than $7000 arising from an
automobile accident is $150.
7. What information must I include
in my claim?
Fill in the “Statement of Small Claim”
form with the amount you are suing for
and briefly explain your claim. State
your claim simply but clearly so that
the defendant can understand why he
or she is being sued. You
must state specifically any amounts
sought for damages, for multiple
damages or statutory penalties, for
attorney’s fees, or for costs, as well as
the total amount being sought,
exclusive of any prejudgment interest
being sought from the court pursuant
to statute.
It is essential that you have the
defendant’s correct name and mailing
address. If you are suing a business
that is not a corporation, you should
name as the defendant the owner(s)
doing business (“d/b/a”) under that
trade name. You may obtain their
names from the City or Town Clerk
where the business is located. If you
are suing a business that is a
corporation, you must have its exact
legal name. You can find this
information from the Corporate
Records Division of the Secretary of
State’s Office, One Ashburton Place,
Room 1712, Boston, MA 02108 (or at
http://corp.sec.state.ma.us/corp/corpse
arch/corpsearchinput.asp).
In the “MILITARY AFFIDAVIT” portion,
you must indicate whether or not the
defendant is on active military duty. If
you know the defendant’s social
security number, you may determine
whether he or she is on active military
duty online at
https://www.dmdc.osd.mil/appj/scra/scr
aHome.do; otherwise, you must write
to the appropriate military service
headquarters (listed at
www.defenselink.mil/faq/pis/PC09SLD
R.html). If you are unable to determine
whether the defendant is on active
military duty and the defendant fails to
appear, the court may require you to
post a bond or may issue other orders
to protect the rights of the defendant if
he or she is on active military duty.
8. What are "costs"?
If the plaintiff prevails, or if both sides
settle the claim, the plaintiff may
recover from the defendant as "costs"
the court filing fee. By court order the
plaintiff may sometimes recover certain
other costs of bringing the claim.
9. How is the defendant notified of
the claim?
The defendant is sent a copy of the
"Statement of Claim and Notice of
Trial" by first class mail. If the
defendant lives out of state he or she
will be notified by certified mail. Both
types of notices will be provided by the
court, after the "Statement of Claim
and Notice of Trial" form is filed.
10. Will my case go forward if the
defendant has not received notice?
If the Post Office is unable to notify
("serve") the defendant and the letter is
returned to the court, your case cannot
go forward. If the letter is not returned,
but later shown to have never been
delivered, or to have been sent to the
wrong address, any judgment you
have received may be vacated. For
this reason it is crucial that you make
sure that the mailing address entered
for the defendant on the "Statement of
Claim and Notice of Trial" form is
accurate.
11. Are attorneys needed in small
claims court?
Small Claims in Massachusetts: What You Need to Know
Office of Court
Management
Massachusetts Trial Court
2 Center Plaza, 5th Floor
Boston, MA 02108
617-742-8575
www.mass.gov/courts
This document was developed under Grant
11-T-162 of the State Justice Institute and
does not necessarily represent the official
position or policies of the State Justice
Institute.
with you any witnesses, checks, bills,
papers, photographs or letters that will
help you prove your case. If you are
submitting documents as exhibits at
trial, bring copies for the magistrate
and for the defendant. If you need a
witness to come to court but the
witness will not come, ask the clerk-
magistrate's office for a witness
summons which you must then
arrange to have a constable or deputy
sheriff deliver to the witness. You may
need an expert witness to prove any
matter not within common experience.
The laws governing small claims are
the same as those for major lawsuits,
except that simplified procedures are
used. The plaintiff must prove that the
claim is one which the law recognizes
and that the defendant is liable, or the
magistrate will enter a decision for the
defendant.
16. What will happen on the day of
the trial?
Be sure to arrive on time. If your case
is not resolved by a mediator, a trial
will be held before a magistrate. The
plaintiff will be asked to tell his or her
side of the story, then the defendant
will tell his or her side. Each will have
an opportunity to ask questions of the
other side and the other side's
witnesses. To prevail, the law requires
the plaintiff to prove the validity of his
or her claim.
17. What if one of the parties wants
a continuance?
If both parties are present when the
case is called, the case will go forward
unless there is good cause for a
continuance. If you are ready to go
forward and the other party wants a
continuance, make sure you inform the
magistrate if you object.
18. What will the magistrate do?
The magistrate will make a decision.
Notice of the decision (called a
"judgment") will be given or sent to
each side.
No, but you may hire one if you wish.
You may be able to find self-help
resources at your local public library
(libraries.state.ma.us), the Trial Court
Law Libraries
(http://www.mass.gov/courts/case-
legal-res/law-lib/) or MassLegal Help
(www.MassLegalHelp.org),
12. When and where do the plaintiff
and the defendant have to go to
court?
Unless the plaintiff and defendant
settle the case before the trial date,
both sides must appear in court on the
date the case is scheduled for trial.
13. What if I cannot come to court
on the trial date?
You should call or write the person on
the opposing side and ask him or her to
agree to postpone ("continue") the
case. Continuances should only be for
good reason, such as illness, an
emergency, or the unavailability of a
witness. If both sides agree, or if the
opposing side does not agree, or if you
are unable to reach the person on the
opposing side, you must write the clerk
magistrate of the court to ask that the
court give you a continuance. Do not
wait until the last minute. If the other
side makes a reasonable request for a
continuance, it may save you some
inconvenience if you agree to the
request.
14. What if I do not come to court
on the trial date?
If the plaintiff does not appear for trial,
and the defendant does appear, the
court will enter a judgment for the
defendant. If both the plaintiff and the
defendant do not appear for trial, the
claim will be dismissed. If the
defendant does not appear for trial, and
the plaintiff does appear, the court will
likely enter a default judgment and
order the defendant to pay the amount
claimed. The magistrate may ask the
plaintiff to present some evidence of
the claim, even if the defendant is not
present.
15. How should I prepare for trial?
It may be helpful to write down ahead
of time the facts of the case in the
order in which they occurred. This will
help you organize your thoughts and
make a clear presentation of your story.
On the trial date, you must bring
