Filing Small Claims in Massachusetts District Court

This is one of the procedures covered in Small Claims in Massachusetts: A Plain-Language Reference. The Massachusetts version of small claims runs through the District Court Department and the Boston Municipal Court Department, with a separate track in the Housing Court for residential landlord-tenant disputes. This article walks through eligibility, court selection, completing the Statement of Small Claim, paying the fee, and how the court itself handles service of process.

Confirm your case fits Massachusetts small claims

The procedure is meant for small money disputes. Under Mass. Gen. Laws c. 218, § 21, the court can hear “claims in the nature of contract or tort,” for example unpaid invoices, security deposit disputes, consumer claims, or property damage, when the plaintiff does not seek more than $7,000 in damages. Slander and libel claims are excluded from the procedure and must be filed as regular civil cases.

Two carve-outs apply to the $7,000 cap. Property damage claims caused by a motor vehicle are not subject to the cap under § 21. Treble-damages claims under Mass. Gen. Laws c. 93A (the Consumer Protection Act) can also be filed in small claims; the multiplied amount can exceed $7,000 even when the underlying loss is within the cap.

Filing under the small claims procedure operates as a waiver of jury trial rights and the right to appeal a money judgment. Under Mass. Gen. Laws c. 218, § 23, only the defendant has the option to claim a jury trial or trial before a single justice after the magistrate’s finding. The regular civil docket preserves jury and appeal rights and is the alternative when those rights matter.

Choose the right court and division

Three trial-court departments hear small claims in Massachusetts: the District Court, the Boston Municipal Court (in Suffolk County), and the Housing Court for cases involving residential landlord-tenant disputes. Under Mass. Gen. Laws c. 218, § 21, the case may be filed in the judicial district where the plaintiff lives or works, where the defendant lives or works, or, for claims arising from residential tenancies, in the judicial district where the rental property is located.

When the case involves a residential landlord-tenant dispute and the area has a Housing Court division with jurisdiction, the Housing Court is the typical venue. The District Court still hears small claims involving commercial leases or any other non-housing matter. The Boston Municipal Court hears cases that would otherwise belong in District Court for the City of Boston.

Within a department, the case is filed in the specific court for the judicial district. The Massachusetts Trial Court maintains a court locator listing the right division for a given address. Filing in the wrong court can lead to dismissal without prejudice, and the filing fee is not refunded.

Complete the Statement of Small Claim

The starting document is the Statement of Small Claim and Notice of Trial form, maintained by the Trial Court. The form is short, two pages, and asks for the names and addresses of the parties, the dollar amount claimed, and a brief description of why the defendant owes the money.

1. Identify the plaintiff and defendant precisely

   Use legal names. An individual files in their own name. A sole proprietor or business plaintiff using a fictitious name files under the legal name of the owner, with the business name listed as “doing business as.” For corporate or LLC defendants, the Secretary of the Commonwealth’s corporate search lists the registered agent for service and the official corporate name. Misnaming the defendant is a common reason judgments become hard to collect after trial.

2. State the amount and the basis

   The form asks for the exact dollar amount claimed and a brief description of the claim. “Failure to return $1,800 security deposit after move-out on March 15, 2026” is more useful than “money owed.” Specific dates, amounts, and contract references give the magistrate enough information to evaluate the claim at the hearing.

3. Confirm the venue basis

   The form asks the plaintiff to state the basis for filing in this particular court: the plaintiff’s residence, the defendant’s residence, where the work was performed, or for landlord-tenant cases the location of the rented premises.

4. Sign under penalties of perjury

   The plaintiff signs the form under penalties of perjury. Knowingly false statements can support a charge under Massachusetts perjury statutes and can result in dismissal of the claim.

Claims involving multiple plaintiffs or multiple defendants require a separate set of contact information for each additional party, typically by attaching a continuation sheet to the Statement of Small Claim.

File the claim and pay the fee

The plaintiff brings or mails the completed Statement of Small Claim to the clerk-magistrate’s office of the appropriate court. Many courts also accept electronic filing through eFileMA, the Trial Court’s e-filing system. Under Mass. Gen. Laws c. 218, § 22, the filing fee scales with the amount claimed:

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

The figures include the statutory entry fee plus the surcharge required by Mass. Gen. Laws c. 262, § 4C. A plaintiff who cannot afford the fee can request a waiver by submitting an Affidavit of Indigency with the Statement of Small Claim. The court reviews the affidavit and either waives the fee, substitutes a reduced fee, or denies the request based on the financial information provided.

After the clerk accepts the filing, the case receives a docket number and a trial date. The trial date is printed on the Notice of Trial portion of the form, which the court then mails to the defendant. As of 2026, hearings are typically scheduled 30 to 60 days after filing, though dockets vary by court and time of year.

How service and the hearing date are set

Massachusetts small claims is unusual in that the court, not the plaintiff, handles service. Once the Statement of Small Claim is filed, the clerk-magistrate’s office mails a copy of the claim and the Notice of Trial to the defendant by first-class mail under the Uniform Small Claims Rules. The plaintiff does not arrange a sheriff or process server.

If the mailed notice is returned by the post office as undeliverable, the clerk notifies the plaintiff. At that point the plaintiff can supply a corrected address, or arrange service through a constable or deputy sheriff at the plaintiff’s expense. The case does not proceed to hearing until the defendant has received notice of the claim and the trial date.

Defendants who want to bring their own claim against the plaintiff arising out of the same transaction may file a Defendant’s Claim before the trial date, subject to the same $7,000 small claims limit set by Mass. Gen. Laws c. 218, § 21. The Defendant’s Claim is heard at the same hearing as the original claim.

What happens after filing

Between filing and the trial date, both sides gather evidence: contracts, photographs, receipts, repair estimates, witness names. A clerk-magistrate (not a judge) typically hears the case first. The hearing is short, often 15 to 30 minutes per side, and the magistrate may decide from the bench or take the matter under advisement and mail a written finding to both parties.

Either side can request mediation. Section 22 authorizes the court to refer the case to mediation at the request of either party, with the agreement of both. Many courts coordinate with community mediation programs that resolve cases before trial.

After the magistrate’s finding is mailed, the defendant has ten days from receipt to file a claim of trial by jury or trial before a single justice under Mass. Gen. Laws c. 218, § 23. The defendant’s appeal requires a $25 entry fee for the appellate docket and a $100 bond payable to the plaintiff, with limited exceptions for indigent defendants and for municipal parties. If no appeal is filed, the finding becomes the judgment and the plaintiff can begin collection.

Plaintiffs cannot appeal a small claims money judgment, since the filing operates as a waiver of jury rights. The only review available to a plaintiff who loses is for the magistrate to report a question of law to the appellate division, which is used rarely and only when the legal issue is genuinely open. A plaintiff who wants to preserve appeal rights can file in the regular civil docket instead.