Massachusetts Small Claims Forms

Massachusetts Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Massachusetts Small Claims Forms

  • Is suing someone worth it?

    Deciding to sue someone involves considering several factors, including the potential recovery amount and the associated costs. Small claims court offers a streamlined process for these situations, allowing you to pursue claims up to $7,000. By using the Massachusetts Small Claims Forms, you can express your grievances clearly and effectively. For many, the benefits of suing outweigh the challenges, leading to a resolution.

  • What is the lowest amount for small claims court?

    In Massachusetts, the lowest amount you can claim in small claims court is $7,000. If your claim is less than this, you may need to explore other legal avenues. Utilize the Massachusetts Small Claims Forms to ensure your claim falls within the limits and properly represents your case. Understanding these limits can save you time and effort.

  • What percentage of people win in small claims court?

    Statistics suggest that around 50-75% of people win their cases in small claims court. Factors influencing success include the strength of the evidence and the quality of the Massachusetts Small Claims Forms submitted. While winning is common, each case is unique, so prepare your arguments thoroughly. With the right preparation, you can improve your chances significantly.

  • How to represent yourself in small claims court?

    Representing yourself in small claims court can be straightforward. Begin by gathering your relevant documents, including the Massachusetts Small Claims Forms, which outline the details of your case. Familiarize yourself with court procedures, and practice presenting your arguments clearly. Confidence and organization often lead to a more favorable outcome.

  • How do I collect on a small claims judgement in Massachusetts?

    To collect on a small claims judgment in Massachusetts, you must first obtain a copy of the judgment from the court. Next, you can take various steps such as garnishing wages or placing liens on property. It’s crucial to understand that collection can take time, and using the Massachusetts Small Claims Forms may assist you in understanding your rights and the collection process more clearly.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for certain types of cases such as defamation, personal injury, or landlord-tenant disputes under certain conditions. Also, any claims involving amounts over the monetary limit set by the state are not permitted. It’s essential to understand these restrictions to ensure that your case can be heard. Using the Massachusetts Small Claims Forms can help you stay on the right track.

  • How to file small claims in Massachusetts?

    To file small claims in Massachusetts, you need to complete the appropriate Massachusetts Small Claims Forms. First, determine the correct court for your claim based on the amount you wish to sue for and your location. Then, fill out the forms accurately and file them with the court clerk. Be sure to include any required fees and gather evidence to support your case.

  • Can you sue for emotional distress in small claims court?

    Yes, you can sue for emotional distress in small claims court, but it is essential to have substantial proof to support your claim. Courts may require evidence of how the distress affected your daily life or well-being. Utilizing Massachusetts Small Claims Forms can help you outline your case effectively. If you're unsure about the process, consider seeking guidance from uslegalforms for expert resources.

  • What is the best evidence for small claims court?

    The best evidence for small claims court typically includes documents, photographs, or witness testimonies that support your claim. Clear and organized evidence strengthens your position and makes it easier for the judge to understand your case. Be sure to have all relevant Massachusetts Small Claims Forms ready to present in court. Using uslegalforms can help you prepare your evidence and documentation.

  • What is the small claims limit in North Carolina?

    The small claims limit in North Carolina is $10,000, which allows individuals to seek compensation for various minor disputes. This higher threshold offers flexibility for cases that may exceed the Massachusetts limit. If you are considering filing a small claims action, make sure you have the proper forms, such as Massachusetts Small Claims Forms, to proceed effectively.