How to File Small Claims in Massachusetts: Step-by-Step Process

Before You File: Confirm the Basics

Three things to verify before starting any paperwork:

Your claim fits the limit. The general cap is $7,000 for the base amount. Motor vehicle property damage claims have no cap. Statutory multipliers (Chapter 93A consumer claims, security deposit treble damages) can push the judgment higher, but your base claim must be $7,000 or under at filing.

The statute of limitations hasn't passed. Contract claims get 6 years. Property damage and personal injury get 3 years. Consumer protection claims under Chapter 93A get 4 years from when you discovered the problem.

You have the defendant's correct legal name. An individual gets sued under their legal name. A business operating as a DBA needs the owner's name plus the trade name (e.g., "Jane Smith d/b/a Smith Painting"). An LLC or corporation must be named exactly as registered with the Secretary of the Commonwealth.

Step 1: Send a Demand Letter

A written demand isn't required for most claims, but it's standard practice and establishes that you tried to resolve the dispute before going to court.

For consumer protection claims under Chapter 93A, a 30-day demand letter is mandatory. You must send it at least 30 days before filing; certified mail is recommended so you can document mailing or delivery. The letter needs to describe the unfair or deceptive act, the injury you suffered, and the exact dollar amount of your loss. Without a valid 93A demand letter, you lose the right to double or triple damages under Chapter 93A.

For other claims, an informal written demand that states what the defendant owes and a reasonable payment deadline is sufficient.

Step 2: Choose the Right Court

Three court departments handle small claims:

• District Court — general money disputes, statewide
• Boston Municipal Court — money disputes within Boston's divisions
• Housing Court — residential tenancy and security deposit claims

File in a division where you or the defendant resides, is employed, or does business. For landlord-tenant disputes, the property location is also a proper venue, including the Housing Court division covering that address.

Step 3: Complete and Submit the Statement of Small Claim

The Statement of Small Claim and Notice of Suit is the form that opens your case. Fill in your information, the defendant's legal name and address, the claim amount, and a brief description of the dispute.

Three ways to submit:

• Online through eFileMA (efilema.com) or the Guide & File interview tool — the Tyler Guide & File interview carries a $7 service fee on top of the base filing fee
• In person at the clerk's office — bring the original signed form plus one copy per defendant
• By mail — send signed forms, a check or money order payable to "Massachusetts Trial Court," and a self-addressed stamped envelope

Commercial plaintiffs (claims from your trade or business) also need Form MA-DC-SC-7 (Verification of Defendant's Address).

Step 4: The Court Serves the Defendant

You don't serve the defendant yourself — the clerk's office does it. After your filing is accepted, the clerk mails notice of the claim and hearing date to the defendant by first-class mail.

If that mail comes back undelivered, the clerk tries again by certified mail. If certified mail also fails (returned unclaimed or refused), the clerk notifies you and postpones the hearing. At that point, you need to arrange personal service through a constable or deputy sheriff, which means paying their fee out of pocket.

Step 5: Prepare for the Hearing

Hearings happen before a clerk-magistrate, not a judge. They're informal but fast — expect 15 to 30 minutes, though waiting for your case to be called can take hours.

Bring three complete copies of every document: contracts, receipts, photos, demand letters, and a damages calculation. One set for the magistrate, one for the other side, one for your reference.

Most divisions offer court-connected mediation on hearing day. If both sides agree to try it and reach a settlement, you skip the hearing entirely. If mediation fails, your case goes back to the hearing list the same day.

Step 6: The Decision

The magistrate may decide immediately or take the matter under advisement. Written decisions arrive by mail or through eFileMA within several weeks.

Remember the asymmetric appeal rule: if you lose as the plaintiff, you cannot appeal. The decision is final. A losing defendant can appeal within 10 days for a new trial before a judge.

For the detailed version — including demand letter templates, form field instructions, service tracking, and a hearing preparation framework — see our Massachusetts Small Claims Filing Guide.

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