Massachusetts Small Claims Court Fees by Claim Amount

This article covers what a Massachusetts small claims plaintiff pays at filing, how that amount is calculated from the claim, and which costs the entry fee does not include. It also explains the fee waiver process and the other costs that arrive later in the case: service by sheriff or constable, a defendant’s counterclaim, transfer out of small claims, and appeal. For the broader procedural overview, see Small Claims in Massachusetts: A Plain-Language Reference.

The four filing-fee tiers

The filing fee, called the “entry fee” in Massachusetts practice, is set by statute. Under Mass. Gen. Laws ch. 218, § 22, the District Court and the Boston Municipal Court charge:

• $40 for claims of $500 or less
• $50 for claims greater than $500 up to $2,000
• $100 for claims greater than $2,000 up to $5,000
• $150 for claims greater than $5,000

The amount the tier is calculated against is what the plaintiff asks the court to award, not the figure the plaintiff thinks the case is “really worth.” A plaintiff seeking $4,800 pays the $100 tier; a plaintiff seeking $5,001 pays the $150 tier. The jurisdictional ceiling under Mass. Gen. Laws ch. 218, § 21 is $7,000 for most contract and tort claims. Property damage caused by a motor vehicle has no monetary cap in small claims, and certain municipal tax-collection actions follow separate ceilings under chapter 60.

The statutory surcharge

Section 22 adds a “surcharge required by section four C of chapter two hundred and sixty-two” on top of each tier. The surcharge is a small fixed amount the clerk collects with the entry fee and forwards to the Commonwealth. The amounts listed above are the totals paid at the clerk’s window: the statutory tier plus the surcharge.

The surcharge can change when the legislature adjusts chapter 262. The clerk’s office posts the current total amount due for each tier, and the Trial Court’s published court-fees schedule reflects the same total. A plaintiff confirming the fee before filing can rely on the figure listed by the specific court rather than calculating the surcharge separately.

Filing fees do not vary by who is suing

Massachusetts does not split entry fees by plaintiff type. The statute does not distinguish among an individual, sole proprietor, business, corporation, partnership, or municipal plaintiff. A corporation suing in small claims pays the same tier as an individual suing for the same dollar amount.

Rules about who may appear for a corporate plaintiff, what filings a partnership must include, and which entities can sue in small claims at all are addressed in the Trial Court’s small claims process guidance and in the Uniform Small Claims Rules. For broader context on how small claims procedures compare across jurisdictions, the Cornell Legal Information Institute’s overview of small claims court describes the common features.

Fee waiver: the Affidavit of Indigency

A plaintiff who cannot afford the entry fee can apply to have the fee, and certain other court costs, waived. The mechanism is the Affidavit of Indigency under Mass. Gen. Laws ch. 261, §§ 27A through 27G. The form asks about household income, receipt of public benefits, and assets. A clerk-magistrate (or a judge in contested cases) reviews eligibility.

A plaintiff who qualifies as indigent does not pay the entry fee or the surcharge. Indigent status also waives certain follow-on costs, including service of process arranged through the court.

Costs the entry fee does not cover

The entry fee pays for docketing the case and the clerk’s mailing of the claim to the defendant. Several other costs can arise during a small claims case:

• Service by sheriff or constable. The clerk’s first-class mail notice is the default service method, but a plaintiff who needs personal service typically pays a sheriff or constable directly. Fees vary by county and by distance.
• Defendant’s counterclaim. A defendant filing a counterclaim pays an entry fee in the tier corresponding to the counterclaim amount. The plaintiff’s original fee does not roll over.
• Transfer to the regular civil docket. A defendant claiming a jury trial of right under Mass. Gen. Laws ch. 218, § 23 pays a transfer fee and posts a bond when moving the case to the regular civil docket.
• Appeal. A defendant aggrieved by a judgment can claim a jury trial under section 23 within ten days of the judgment, subject to the bond requirement. A plaintiff does not have a similar right of appeal from a small claims judgment.
• Copies and certifications. The clerk’s office charges per-page fees for additional copies of pleadings, judgments, and certified copies needed for execution.

How the entry fee is paid

The entry fee is due when the Statement of Small Claim is filed. District Courts and the Boston Municipal Court accept payment in person at the clerk’s window and, where available for small claims, through the Trial Court’s electronic-filing portal. Accepted payment methods at the window are typically cash, money order, bank check, and credit or debit card; personal checks are usually not accepted.

A filing made by mail can include a bank check or money order made payable to the clerk of the court. Filings sent without the entry fee, and without an approved Affidavit of Indigency, are not docketed.

When the case settles or is dismissed early

Massachusetts does not refund the entry fee when a small claims case settles, is voluntarily dismissed, or is dismissed for failure to prosecute. The fee is the cost of using the court, not a deposit against future events in the case.

A case rejected by the clerk for a curable defect, such as a missing signature or an unclear statement of the claim, can usually be corrected and refiled without paying a second entry fee. A case that was previously dismissed and is refiled as a new action requires a new entry fee at the tier corresponding to the amount sought.