By the SmallClaims editorial team
In Massachusetts, filing a small claims case costs between $40 and $150 depending on your claim amount, and you can sue for up to $7,000 — all without hiring a lawyer.
This guide walks through every step of filing a small claims case in Massachusetts in 2026: which court to use, exactly what the filing fees are under the current tiered schedule, how the clerk serves the defendant, what happens at the hearing, and how to collect if you win. It also covers the 2025 payment-hearing rule change that affects every case decided after February 2, 2025.
The 8-Step Checklist for Filing in Massachusetts Small Claims Court
Use this list as your roadmap. The sections below explain each step in detail.
- Confirm your claim is within the $7,000 limit (with exceptions)
- Check the statute of limitations for your type of claim
- Choose the right court and division
- Get and complete the Statement of Claim and Notice of Trial form
- Pay the correct filing fee
- Confirm the defendant was served
- Prepare and present your evidence at the hearing
- Collect your judgment (and know about the 2025 payment hearing rule)
Step 1–2: Is Your Claim Eligible? Limits and Deadlines
Massachusetts law (M.G.L. c. 218, § 21) establishes a simple, informal, and inexpensive procedure for claims in the nature of contract or tort — other than slander and libel — where the plaintiff does not claim more than $7,000 in debt or damages. Two important exceptions apply to that cap: the dollar limitation does not apply to an action for property damage caused by a motor vehicle , and if actual damages are $7,000 or less but there are additional claims for statutory damages or attorney's fees, a potential award exceeding $7,000 may be possible — for example, if you bring a claim under the Consumer Protection Law and are awarded double or triple damages.
You can only sue for money — not for an injunction or a court order to do something. You can only sue for money in small claims court, and the amount of your claim should include both the actual damage done and any additional costs incurred due to the damage, such as taxi fares, postage, photocopying, and court costs.
Before you file, check the statute of limitations. Generally, a claim based on a contract or a consumer protection law must be brought within 6 years, and a claim resulting from negligence or intentional harm must be brought within 3 years, but there are exceptions. The governing statute is M.G.L. c. 260, which sets out statutes of limitation and can be affected by factors such as tolling, the discovery rule, and advance notice requirements (e.g., the 30-day demand letter required before a Chapter 93A consumer protection claim).
Step 3: Which Court Do You File In?
Small claims sessions are conducted in every Massachusetts District Court, the Boston Municipal Court, and the Boston Housing Court. The plaintiff has the option to file suit in the District Court where either the plaintiff or defendant lives or has their place of business or employment. In landlord-tenant disputes, the plaintiff could also sue in the district where the property is located.
Choosing the right venue matters. If you file in the wrong court, the defendant can raise the issue, but each court within the district court department has civil jurisdiction over such actions commenced in it which should have been brought in some other court, to the extent that the action may be heard and disposed of by the court in which it was begun, if the venue is waived — or the court may, on motion of any party, transfer the action.
Steps 4–5: Filing the Form and Paying the Fee
All small claims must be filed on the uniform "Statement of Small Claim and Notice of Trial" form. To file suit, fill out the Statement of Claim and Notice form, available from the small claims clerk in your district. Massachusetts also offers an online program that helps you fill out the forms by asking plain-language questions — it won't give you legal advice, but once you complete the interview it will generate filled-in forms that you can electronically file in the proper court.
You must use the precise legal name and correct address of the party you are suing. Try contacting the city or town hall where the person or business is located for business certificate information. You can also find the legal name of a corporation from the Secretary of State Corporations Division.
The filing fee is tiered by claim amount. Fees (with surcharges) range from $40 to $150 depending on damages sought. The table below shows the current schedule confirmed across multiple Massachusetts court sources:
| Claim Amount | Filing Fee | Statute / Source |
|---|---|---|
| $500 or less | $40 | Mass.gov District Court fee schedule |
| $501 – $2,000 | $50 | Mass.gov District Court fee schedule |
| $2,001 – $5,000 | $100 | Mass.gov District Court fee schedule |
| $5,001 – $7,000 | $150 | M.G.L. c. 218, § 21; Mass.gov |
| Auto property damage > $7,000 | $150 | M.G.L. c. 218, § 21 (no-cap exception) |
Court filing fees must be paid by cash, check, money order, or certified bank check. Credit cards are accepted at most courts; however, confirm with your local court that credit card payments can be taken in person. If you can't afford the fee, fee waivers may be available if you demonstrate financial hardship using the Affidavit of Indigency form.
After you file, the clerk will give you a copy of your completed Statement of Claim and Notice form showing the date and time of trial, and you will also receive a docket number — your reference number for all future contact with the clerk's office. The court will assign a docket number to your case and schedule a court date, usually within 30–60 days.
Step 6: Service on the Defendant
The court handles service for you, but you must provide an accurate address. The court will notify the defendant of the claim and the hearing date, usually by certified mail or sheriff service. Pursuant to Uniform Small Claims Rule 2, the clerk-magistrate's office should issue notice to the defendant within five court days after receipt of the claim.
Service can fail — and that kills your case. If the Post Office is unable to serve a defendant, the small claims court will not allow a judgment to be entered. No claim can move forward without proof that the other party was notified of the action against them. If the certified mail notice is returned "refused" or "unclaimed" and the defendant does not appear for trial, they may be defaulted — unless the separate first-class mail notice has also been returned undelivered. If both notices fail, you'll need personal service by a deputy sheriff or constable.
Under Uniform Small Claims Rule 3, the defendant may file a counterclaim without paying an additional filing fee. In the answer, or in a separate writing filed with the court, the defendant may set forth any claim against the plaintiff within the court's small claims jurisdiction without incurring any filing fee or surcharge. Both claims are treated as one case if the defendant mails notice of the counterclaim to the plaintiff at least ten days before the scheduled trial date.
Step 7: The Hearing — What to Bring, What to Expect
The hearing is informal. A magistrate or judge hears the cases — not a jury. In Massachusetts, written responses aren't required in the small claims division; a defendant can simply appear at the trial and offer a defense against the plaintiff's claim. (See Massachusetts Small Claims Standards Rule 5.) Both sides present their evidence and testimony directly.
Bring everything that supports your claim: contracts, receipts, photographs, text messages, emails, invoices, and repair estimates. The diagram below shows the flow of a typical Massachusetts small claims case from filing to judgment:
If the defendant doesn't file an answer or show up, you can ask the court for a default judgment against them — meaning you win because the defendant didn't appear to defend themselves. If you don't show up, however, the judge may dismiss your case or rule in favor of the defendant.
Step 8: Collecting Your Judgment — Including the 2025 Rule Change
Winning is only half the battle. The court will issue a judgment and order requiring payment of a stated amount, which will remain valid for 20 years. That long window matters: a small claims judgment in your favor in Massachusetts is good for 20 years, so even if you cannot collect right away, you may be able to in the future.
There is a significant procedural change you need to know about. In December 2024, the Supreme Judicial Court approved amendments to the trial court rules that require a payment hearing before any payment order can be made. These changes went into effect February 2, 2025. This change requires defendants who lose to complete a Statement of Finances and Income form prior to the payment hearing, regardless of whether the parties have reached an independent agreement or whether the hearing was contested. If, after a payment hearing, the court determines the defendant cannot pay without relying on protected income or assets, no payment order will be entered.
If the defendant still doesn't pay after a payment order is entered, you have enforcement options. You may ask the clerk for an Execution form, which allows a county deputy sheriff or municipal constable to seize and sell the defendant's property to recover the amount owed.
Appeals: Know Who Can and Can't Appeal
The appeal rules in Massachusetts are asymmetric — and if you're the plaintiff, the asymmetry is not in your favor. Only defendants who appeared at trial may appeal. Massachusetts law doesn't allow a plaintiff or defaulting defendant to appeal. A qualifying defendant must file a "Claim of Appeal" form requesting another trial within ten days after receiving written notice of the magistrate's decision. (See M.G.L. c. 218, § 23; Uniform Small Claims Rule 10.)
The defendant will also be required to pay a small fee and deposit a $100 bond. If you're the plaintiff and you lose, that decision is final — so prepare your evidence carefully before the hearing rather than counting on a second chance.
About SmallClaims: We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.
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Get started →Frequently asked questions
What is the maximum amount I can sue for in Massachusetts small claims court in 2026?
The standard limit is $7,000 under M.G.L. c. 218, § 21. There are two notable exceptions: if your claim is for property damage caused by a motor vehicle, there is no dollar cap on what the court can award. Additionally, if your claim falls under Massachusetts Consumer Protection Law (M.G.L. c. 93A) and you're entitled to double or triple damages, the final award can exceed $7,000 even though your base claim must be $7,000 or less. If your claim clearly exceeds $7,000 and doesn't fit an exception, you'd need to file in District or Superior Court instead. Always verify the current statutory limit at mass.gov before filing.
How much does it cost to file a small claims case in Massachusetts?
Filing fees are tiered by the amount of your claim: $40 for claims of $500 or less; $50 for $501–$2,000; $100 for $2,001–$5,000; and $150 for $5,001–$7,000. The $150 fee also applies to auto property damage claims that exceed $7,000. You can typically recover the filing fee as part of your judgment if you win — there's a line on the Statement of Claim form for that. If you can't afford the fee, ask the clerk for an Affidavit of Indigency form, which may qualify you for a fee waiver.
Can I file a small claims case online in Massachusetts?
Yes. Massachusetts offers an online guided interview at mass.gov/small-claims that walks you through completing the Statement of Small Claim and Notice of Trial form in plain language and then lets you electronically file it with the proper court. You can also file in person at the clerk's office of any qualifying District Court, Boston Municipal Court, or Housing Court, or by mail — but note that when you mail the papers, the case isn't officially started until the clerk actually receives them, so factor that into any statute-of-limitations deadline.
What is the 2025 payment hearing rule and how does it affect my case?
Since February 2, 2025, Massachusetts requires a payment hearing before any payment order can be entered after a small claims judgment. Even if both parties agree on a payment plan, the losing defendant must complete a Statement of Finances and Income form so the court can determine which income and assets are legally protected from collection. If the court finds the defendant can't pay without touching exempt income or assets, it won't enter a payment order — meaning you may have to wait to collect even after winning. This rule was approved by the Supreme Judicial Court in December 2024 and applies to all small claims cases going forward.