Massachusetts Small Claims Forms - Small Claims Court Massachusetts
Massachusetts Small Claims Court FAQ Massachusetts Small Claims Forms
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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
Easy Order
What Is a Small Claims Court?
A Small Claims Court is a special type of court where people can resolve legal disputes involving relatively small amounts of money. It is designed to be simpler, quicker, and less formal than traditional courtrooms, so that individuals can handle their own cases without needing a lawyer. In Massachusetts, the Small Claims Court follows the same principle. It allows individuals to bring cases involving amounts up to $7,000 ($5,000 for most landlord-tenant cases) to be resolved efficiently. The process involves filing a claim, attending a hearing, and presenting evidence to support one's case. The idea is to provide an accessible and affordable way for individuals to seek justice for smaller disputes.
Why File a Small Claims Case?
Filing a small claims case can be a practical solution for resolving minor disputes without spending lots of time or money on a formal lawsuit. In Massachusetts, filing a small claims case may be beneficial because it allows individuals or small businesses to handle disputes involving $7,000 or less quickly and efficiently. By representing oneself in court, people can avoid legal fees and complex procedures, making it more accessible for everyone. It's an opportunity to seek justice, get compensation, or resolve issues in a simpler, less formal setting, where the decision-making process is more concise and straightforward.
Small Claims Court Limits for Each State
Each state in the United States has its own specific limit on the amount of money that can be claimed in small claims court. This limit is the maximum amount that a person can sue for in these types of cases. In Massachusetts, the limit for small claims court is $7,000. This means that if someone wants to sue another person or business for a sum of money, they can do so as long as the amount they are seeking does not exceed $7,000. It's important to note that small claims court is designed to handle relatively minor disputes and is often seen as a quicker and more informal way to resolve legal issues.
Small Claims Demand Letter Example
A small claims demand letter is a written document that you can send to someone in Massachusetts when you want to resolve a minor legal dispute. This letter clearly explains your complaint and demands a resolution or compensation. It's an important first step before taking the matter to court, as it shows that you are serious about seeking a resolution and can help you avoid going through a lengthy legal process. By using simple and straightforward language, the letter provides a clear understanding of your concerns and ensures that the recipient comprehends the situation.
Filing a Small Claims Case in 5 Steps
Filing a small claims case in Massachusetts can be done in five steps, and here's how you can do it using simple terms. First, gather all the necessary information about your case, including the amount you're seeking and relevant documents. Second, visit your local court's website or visit the court in person to get the appropriate forms required for filing. Third, fill out the forms, providing details about your case, the defendant, and the amount you're claiming. Fourth, make copies of all the completed forms and gather any supporting documents you have. Finally, submit the forms and copies to the court clerk, paying the required filing fee. Congratulations, you have successfully filed a small claims case in Massachusetts!
