Small Claims Court Fees Massachusetts: Filing Costs by Claim Amount

The Fee Schedule

Massachusetts structures small claims filing fees by claim amount under M.G.L. c. 218, § 22:

The Tyler Guide & File interview adds a $7 service fee. A $3,000 claim using Guide & File costs $107 total ($100 + $7); the $100 is the court's base fee.

In-person and mail filings don't carry the $7 Guide & File fee. In-person payments accept cash, certified checks, money orders, and credit cards. Mail filings require a check or money order payable to "Massachusetts Trial Court."

What the Fee Covers

The filing fee gets your case onto the court docket and covers the clerk's initial service of process — the clerk mails notice of the suit and hearing date to the defendant by first-class mail at no extra charge to you.

The fee does not cover:

• Constable or deputy sheriff service if mail service fails — you pay the constable's fee directly (typically $30–$75 depending on the area)
• Subpoena witness fees — $6 per day plus $0.10 per mile, paid to the witness
• Copies and document preparation — your own cost
• Appeal bond — $100 if the defendant appeals (paid by the defendant, not you)

If you win, the court can award your filing fee as part of the judgment. The defendant pays it back as court costs on top of the damages amount.

Fee Waivers for Low-Income Filers

The Affidavit of Indigency under M.G.L. c. 261, §§ 27A–27G waives filing fees entirely. Three ways to qualify:

1. You receive means-tested public assistance (MassHealth, SNAP, TAFDC, EAEDC, SSI, or Massachusetts veterans' benefits)
2. Your income after taxes is at or below 125% of the current court poverty guidelines for your family size
3. Paying the fee would prevent you from meeting basic needs (rent, food, medical care) — even if your income is above the poverty threshold

File the affidavit with your Statement of Small Claim. The clerk-magistrate reviews it and either approves the waiver or refers the request to a judge. If the court denies it, the filing fee is due within five days of the denial.

Corporations, LLCs, and non-indigent sole proprietorships cannot use the fee waiver.

Fees vs. What You're Claiming

For small disputes, the fee can feel disproportionate. A $400 claim costs $40 to file — 10% of the amount in dispute. That math improves as the claim amount rises: a $6,000 claim costs $150 to file, just 2.5%.

The filing fee is recoverable as court costs if you win, so the net cost to a successful plaintiff is effectively zero. But consider it a sunk cost if the defendant doesn't pay or the claim doesn't succeed — and remember that a losing plaintiff in Massachusetts has no right of appeal.

For a complete walkthrough of the filing process, including when and how to pay fees through each filing method, see our Massachusetts Small Claims Filing Guide.

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