Small Claims in Massachusetts: What you need to know

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Massachusetts
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MA-SKU-0441
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Small Claims in Massachusetts: What you need to know

Small Claims in Massachusetts is a court system designed to handle civil disputes between individuals or businesses, typically involving monetary damages under $7,000. The process is designed to be simpler and less expensive than a typical lawsuit, allowing individuals to resolve their legal disputes without hiring an attorney. There are two types of Small Claims in Massachusetts: District Court Small Claims and Housing Court Small Claims. In District Court Small Claims, individuals can file a claim for up to $7,000 in damages and receive a hearing on the matter in a local court. Housing Court Small Claims are similar to District Court Small Claims, but are limited to disputes between landlords and tenants. In Housing Court Small Claims, individuals can file for up to $7,000 in damages and receive a hearing on the matter in a local court. Both types of Small Claims require individuals to serve notice to the other party before filing a claim, pay a filing fee, and present evidence in support of their claim.

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FAQ

What to do if you win your small claims case Step 1: Ask for payment. The party that wins the case is called the ?judgment creditor,? and the party that needs to pay is called the "judgment debtor."Step 2: Attend a payment hearing if one has been scheduled.Step 3: Tell the court that you've received payment.

Small claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.

You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Massachusetts statute of limitations periods is six years for oral and written contracts, and three years for personal injury and property damage cases.

The plaintiff will be asked to tell their side of the story, then the defendant will tell their side. Each side will have an opportunity to ask the other side and their witnesses questions. To win your case, you need to prove that your claim is valid.

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.

No Attorney Required: You can speak on your own behalf in Small Claims Court and you do not need an attorney to bring a small claims case in Massachusetts, though you are permitted to retain an attorney if you wish.

More info

The easiest way to file a small claim is to use Small Claims Guide and File. What information must I include in my claim?There is a small claims court in every District Court and Boston Municipal Court. Learn about filing a small claims court case in Massachusetts District Court and get answers to some common MA small claims court questions. First, send a "demand letter" to the person you want to sue–preferably typed. Include a chronology (or account) of what happened. Explains where to file a small claims case in Massachusetts and what paperwork to use. In court you do the opposite. You want the judge to know as soon as possible why you are there. Small claims court is a special court where disputes are resolved quickly and inexpensively.

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Small Claims in Massachusetts: What you need to know