How to File a Small Claims Lawsuit in Massachusetts (2026)
Reviewed by DocDraft Legal Team · Massachusetts · Last updated May 12, 2026
Massachusetts District Court handles small claims up to $7,000 in the Small Claims Session under M.G.L. c. 218 §§ 21-25. Filing fees range from $40 to $150 by claim size. The statute of limitations is 6 years for written contracts and 3 years for property damage or personal injury.
What is small claims court in Massachusetts?
Massachusetts small claims is the Small Claims Session of the District Court, Boston Municipal Court, or Housing Court, governed by M.G.L. c. 218 §§ 21-25. It hears money disputes up to $7,000 (no cap for property-damage motor-vehicle claims). Filing fees are tiered ($40 to $150). The 6-year SOL for contracts and 3-year SOL for torts apply.
How much does it cost to file a small claims lawsuit in Massachusetts?
Filing fees under M.G.L. c. 218 § 22 are tiered: $40 for claims up to $500, $50 for claims up to $2,000, $100 for claims up to $5,000, and $150 for claims between $5,001 and $7,000. The clerk handles first-class mail service at no extra plaintiff fee. Indigent filers can request a fee waiver.
Do I need a lawyer for small claims court in Massachusetts?
No. Massachusetts small claims is designed for self-represented parties under the Uniform Small Claims Rules. Attorneys are permitted to represent either side, but most plaintiffs appear pro se. There is no jury at the initial small claims hearing; only the defendant may demand a six-person jury trial on appeal.
How long do I have to sue someone in Massachusetts small claims court?
Massachusetts allows 6 years to sue on written or oral contracts under M.G.L. c. 260 § 2, and 3 years for property damage and personal injury under § 2A. For Chapter 93A consumer claims, the statute of limitations is 4 years from the time the cause of action accrues. The clock starts on breach or injury.
Massachusetts small claims at a glance
Massachusetts has one of the most consumer-friendly small claims systems in the country. For Chapter 93A consumer protection claims, plaintiffs who win can recover double or triple damages plus attorneys' fees, but only if they first send a 30-day demand letter under M.G.L. c. 93A § 9. The 12% post-judgment interest rate under M.G.L. c. 235 § 8 is among the highest in the United States. The clerk-magistrate, not the sheriff, serves the small claims complaint by first-class mail, then certified mail if returned undelivered (Uniform Small Claims Rule 2), keeping total filing-and-service cost under $50 for a typical claim. There is no jury at the initial small claims hearing; only the defendant may demand a jury trial on appeal to a six-person jury session, an asymmetric appeal right specific to Massachusetts.
Filing cost example: $4,500 unpaid services claim
Suppose a contractor owes you $4,500 on a written services agreement. The statute of limitations for contract claims in Massachusetts is 6 years under M.G.L. c. 260 § 2, so you must file within 6 years of the missed payment. Filing fee for a claim in the $2,001 to $5,000 tier is $100 under M.G.L. c. 218 § 22. The clerk-magistrate handles first-class mail service at no extra plaintiff fee. If this is a Chapter 93A consumer claim, you must send a 30-day demand letter under c. 93A § 9 before filing. After winning, post-judgment interest accrues at 12% per year under M.G.L. c. 235 § 8. If the defendant pays in 30 days, you collect $4,500 plus the $100 filing fee. If unpaid for 1 year, you are owed roughly $5,040.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Boston Municipal Court (Central Division)
24 New Chardon St, Boston, MA 02114
Worcester District Court
225 Main St, Worcester, MA 01608
Springfield District Court
50 State St, Springfield, MA 01103
Cambridge District Court
4040 Mystic Valley Pkwy, Medford, MA 02155
Lowell District Court
41 Hurd St, Lowell, MA 01852
Relevant Laws
M.G.L. c. 218 §§ 21-25 (Small Claims Procedure)
Establishes the Small Claims Session, sets the $7,000 jurisdictional limit, governs procedure, and provides for jury-of-six appeal by defendant.
M.G.L. c. 260 § 2 (Statute of Limitations)
Sets the 6-year limitations period for contract actions in Massachusetts, both written and oral.
M.G.L. c. 235 § 8 (Post-Judgment Interest)
Sets the post-judgment interest rate at 12% per year on Massachusetts court judgments, among the highest in the country.
M.G.L. c. 93A § 9 (Consumer Protection 30-Day Demand Letter)
Requires a 30-day written demand letter before suit under the Massachusetts Consumer Protection Act to preserve multiple damages and attorneys' fees.
Mass.gov: File a Small Claims Case
Official Mass.gov portal for Small Claims forms, fee schedules, court locations, and procedural guides under the Uniform Small Claims Rules.
Regional Variances
Statute of Limitations for Common Claims in Massachusetts
Written contract
6 years (M.G.L. c. 260 § 2)
Oral contract
6 years (M.G.L. c. 260 § 2)
Property damage
3 years (M.G.L. c. 260 § 2A)
Personal injury
3 years (M.G.L. c. 260 § 2A)
Chapter 93A consumer claim
4 years (M.G.L. c. 260 § 5A)
Suggested Compliance Checklist
Send Chapter 93A demand letter (if consumer claim)
30 days before filing days after startingFor consumer claims, send a 30-day demand letter under M.G.L. c. 93A § 9 by certified mail with return receipt. For non-consumer claims, a demand letter is recommended.
Verify claim is within $7,000 Small Claims limit
Before filing days after startingConfirm your claim is at or below $7,000 under M.G.L. c. 218 § 21 (no cap for property-damage motor-vehicle claims). If above for other claims, file in regular District Court.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the clerk-magistrate, the defendant, and yourself.
File Statement of Small Claim at correct court
Within 6-year SOL (contract) or 3-year SOL (tort) days after startingFile at the District Court, Boston Municipal Court, or Housing Court for the city or county where the defendant lives or the cause of action arose. Pay the tiered filing fee under c. 218 § 22.
Pay filing fee (or file Affidavit of Indigency)
At filing days after startingPay the $40 to $150 tiered fee under c. 218 § 22. If you cannot afford the fee, file an Affidavit of Indigency under M.G.L. c. 261 § 27A for waiver or reduction.
Confirm clerk-magistrate first-class mail service
Within 30 days of filing days after startingUnder Uniform Small Claims Rule 2, the clerk-magistrate serves by first-class mail and follows up with certified mail if returned undelivered. Monitor the case docket.
Attend the hearing with all evidence
60 to 90 days after filing days after startingHearings are public and informal, often heard by a clerk-magistrate. Bring three copies of every document, all witnesses, and a clear timeline of events.
Collect the judgment
After 10-day appeal window closes days after startingUse execution, trustee process (wage garnishment), or supplementary process under M.G.L. c. 235 and c. 246. Post-judgment interest accrues at 12% per year under c. 235 § 8.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send Chapter 93A demand letter (if consumer claim) | For consumer claims, send a 30-day demand letter under M.G.L. c. 93A § 9 by certified mail with return receipt. For non-consumer claims, a demand letter is recommended. | demand-letter | 30 days before filing |
| Verify claim is within $7,000 Small Claims limit | Confirm your claim is at or below $7,000 under M.G.L. c. 218 § 21 (no cap for property-damage motor-vehicle claims). If above for other claims, file in regular District Court. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the clerk-magistrate, the defendant, and yourself. | - | Before filing |
| File Statement of Small Claim at correct court | File at the District Court, Boston Municipal Court, or Housing Court for the city or county where the defendant lives or the cause of action arose. Pay the tiered filing fee under c. 218 § 22. | - | Within 6-year SOL (contract) or 3-year SOL (tort) |
| Pay filing fee (or file Affidavit of Indigency) | Pay the $40 to $150 tiered fee under c. 218 § 22. If you cannot afford the fee, file an Affidavit of Indigency under M.G.L. c. 261 § 27A for waiver or reduction. | - | At filing |
| Confirm clerk-magistrate first-class mail service | Under Uniform Small Claims Rule 2, the clerk-magistrate serves by first-class mail and follows up with certified mail if returned undelivered. Monitor the case docket. | - | Within 30 days of filing |
| Attend the hearing with all evidence | Hearings are public and informal, often heard by a clerk-magistrate. Bring three copies of every document, all witnesses, and a clear timeline of events. | - | 60 to 90 days after filing |
| Collect the judgment | Use execution, trustee process (wage garnishment), or supplementary process under M.G.L. c. 235 and c. 246. Post-judgment interest accrues at 12% per year under c. 235 § 8. | - | After 10-day appeal window closes |
Frequently Asked Questions
The Small Claims Session cap is $7,000 under M.G.L. c. 218 § 21, except for property-damage motor-vehicle claims, which have no upper limit. Claims above $7,000 for other categories go on the regular District Court civil docket (up to $50,000) or Superior Court. The $7,000 cap has been in effect since the 2012 reform.
Massachusetts consumer protection claims under M.G.L. c. 93A § 9 require a written demand letter sent at least 30 days before filing suit. The letter must identify the claimant, describe the unfair or deceptive act, and demand specific relief. Failure to send the demand letter forfeits the right to multiple damages and attorneys' fees on a winning claim.
Under Uniform Small Claims Rule 2, the clerk-magistrate mails the Statement of Small Claim to the defendant by first-class mail with a notice of the trial date. If the first-class mail is returned undelivered, the clerk re-sends by certified mail. The plaintiff does not pay a separate service fee, keeping initial costs low.
Under M.G.L. c. 218 § 23, only the defendant may appeal a small claims judgment to a six-person jury session of the District Court. The plaintiff is bound by the initial decision. This asymmetric right balances faster trial procedure for plaintiffs against the defendant's constitutional jury right. Appeals must be filed within 10 days.
After judgment, you can collect using execution on personal property under M.G.L. c. 235, trustee process (wage garnishment) under c. 246, and supplementary process under c. 224. Post-judgment interest accrues at 12% per year under M.G.L. c. 235 § 8, among the highest rates in the United States. Judgments docketed in registry of deeds create a real-property lien.
Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in the Small Claims Session subject to the $7,000 cap. Corporations must appear through an officer, employee, or attorney under Uniform Small Claims Rule 5. The Housing Court has parallel small claims jurisdiction over landlord-tenant disputes within the same dollar caps.
Yes, in many courts. The Massachusetts Trial Court's eCourts portal at masscourts.org accepts electronic filings for Small Claims Sessions in participating District Courts, Boston Municipal Court, and Housing Court. Coverage is expanding. Filers can also submit paper filings at the clerk-magistrate's office. Check mass.gov for current e-filing availability by court.
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