Default Judgment in Massachusetts Small Claims Court

What a Default Judgment Is

When a defendant fails to appear at a scheduled Massachusetts small claims hearing after receiving proper service, the court enters a default. Under Uniform Small Claims Rule 7(d), defaulting admits the factual allegations in your Statement of Small Claim—but it does not automatically hand you the full amount you are asking for.

That distinction trips up many plaintiffs who assume that a no-show means an easy win for the full claim.

What a Default Does and Does Not Do

It admits the facts. The defendant's failure to appear means the court accepts your version of what happened as true. You said the defendant took a $3,000 deposit and never completed the work? That is now the accepted factual record.

It does not automatically establish your damages. Even with a default, the Clerk-Magistrate requires you to present at least a basic case for the amount you are claiming. This is called a prima facie showing. You still need to show up, present your evidence, and demonstrate that your damages calculation is supported.

For a liquidated claim—a specific dollar amount backed by an invoice, receipt, or contract—this is usually straightforward. For unliquidated damages—where the amount depends on estimates, projections, or the magistrate's assessment—the burden is heavier even in a default.

The Business-Plaintiff Trap

If you are filing the claim in the course of trade or commerce (as a business, freelancer, or for an assigned debt), Uniform Small Claims Rule 2(b) adds a critical requirement: you must have filed the Verification of Defendant's Address form (MA-DC-SC-7) with your Statement of Small Claim.

If you did not file this form, the court cannot enter a default judgment even if the defendant never appears. Contact the clerk to ask how to add the required verification to your case.

This catches business filers off guard because the form is easy to overlook during filing. It is a one-page verification of the methods you used to confirm the defendant's address, and it must accompany your initial filing.

What Happens at a Default Hearing

When your case is called and the defendant is absent, the Clerk-Magistrate confirms that service was properly completed—the defendant received notice and had the opportunity to appear. If service is confirmed, the magistrate proceeds to the default hearing.

You present your case as if the defendant were present: state what happened, show your evidence, and walk through your damages calculation. The hearing is shorter than a contested hearing, but the magistrate still asks questions and reviews your documentation.

The magistrate then enters judgment for the amount proven, plus recoverable court costs (your filing fee) and prejudgment interest at 12% per year.

When a Default Can Be Overturned

A defendant who missed the hearing can file a Motion for Relief from Judgment under Uniform Small Claims Rule 8. This motion asks the court to set aside the default and schedule a new hearing.

To succeed, the defendant typically needs to show:

• Excusable neglect — a legitimate reason for missing the hearing (medical emergency, never actually received the notice, genuine misunderstanding of the hearing date)
• A meritorious defense — some factual basis for contesting the claim, not just a desire to relitigate

If the court grants the motion, the default is vacated and a new hearing is scheduled where both sides present their case. This is uncommon but not rare—if the defendant can show they had a real reason for missing the hearing and a genuine defense, courts prefer to decide cases on the merits.

Defendant No-Shows Do Not Mean Easy Money

Three situations where a default does not help as much as you expect:

Service was defective. If the clerk's mailing was returned as undeliverable and you did not complete alternative service, the court cannot enter a default. No proper service means no jurisdiction over the defendant.

The defendant is judgment-proof. A default judgment against someone with no income, no bank accounts, and no assets is a piece of paper. You won, but there is nothing to collect. Check the defendant's situation before investing time in the case.

The business-plaintiff verification was missing. As noted above, no MA-DC-SC-7 form means no default, regardless of the defendant's absence.

Protecting Your Default Judgment

If you receive a default judgment, the defendant may seek relief under Uniform Small Claims Rule 8 by filing a Motion for Relief from Judgment. The ten-day appeal right under Rule 10 applies to a defendant who appeared at the original trial. Until the court resolves any Rule 8 motion, the judgment may still be subject to challenge.

After any appeal or Rule 8 motion is resolved, enforce the judgment through the standard collection mechanisms: payment hearings, supplementary process, writs of execution, or trustee process.

Getting Ready for Every Scenario

Whether the defendant shows up or not, your preparation should be the same: organized evidence, a clear damages calculation, and every required form filed correctly. The Massachusetts Small Claims Filing Guide walks through the complete process—including the business-plaintiff verification form and what to present at both contested and default hearings.

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