Massachusetts Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Massachusetts: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Massachusetts
- Small claims limit
- $7,000 in debt or damages for contract or tort claims (not slander or libel). There is no limit for property damage caused by a motor vehicle. Cities and towns may claim up to $15,000 (no limit for unpaid personal property taxes). Double or treble damages may be awarded where another law provides for them. G.L. c. 218, § 21
- Filing fee
- By statute: $30 for claims of $500 or less, $40 for over $500 up to $2,000, $90 for over $2,000 up to $5,000, and $140 for over $5,000, plus the surcharge under G.L. c. 262, § 4C. Fees and costs may be reduced or eliminated under court rules. G.L. c. 218, § 22
- Appeals
- Only the defendant can appeal a clerk-magistrate's decision. Within 10 days after receiving notice of the finding, the defendant files a claim for trial by a jury of six or by a judge, with an affidavit stating the questions of law and fact and that the trial is sought in good faith, a $25 entry fee and a $100 bond. The bond may be waived if the defendant cannot afford it and the appeal is not frivolous. At the new trial, the magistrate's finding for the plaintiff is prima facie evidence. G.L. c. 218, § 23
Court: Small claims session of the District Court or Boston Municipal Court. Last verified: 2026-10-24.
How to file a small claims case in Massachusetts
- Confirm your claim is $7,000 or less (or is for motor vehicle property damage, which has no limit).
- File a short written statement of your claim with the clerk-magistrate in the district where you or the defendant lives or works, or where the rental property is for a claim against a residential landlord, and pay the filing fee.
- The court notifies the defendant of the claim by first class mail.
- Consider mediation if both sides agree; any agreement is entered as a judgment.
- If the case does not settle, present your evidence at the hearing, usually before a clerk-magistrate.
- A defendant who loses may, within 10 days of notice of the decision, claim a new trial before a judge or a six-person jury by paying a $25 fee and posting a $100 bond; a plaintiff cannot appeal.
- If the judgment is not paid, ask the court to set payment terms or installments and to enforce its order.
Can you use small claims court?
| Small claims limit | $7,000 in debt or damages for contract or tort claims (not slander or libel). There is no limit for property damage caused by a motor vehicle. Cities and towns may claim up to $15,000 (no limit for unpaid personal property taxes). Double or treble damages may be awarded where another law provides for them. Source: G.L. c. 218, § 21 |
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Filing your case
| Where to file | In the judicial district where either the plaintiff or the defendant lives or has a usual place of business or employment. A claim against a residential landlord arising from the rental may also be brought where the property is located. If a case is filed in the wrong court and venue is not waived, a party may move to transfer it. Source: G.L. c. 218, § 21 |
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| Filing fee | By statute: $30 for claims of $500 or less, $40 for over $500 up to $2,000, $90 for over $2,000 up to $5,000, and $140 for over $5,000, plus the surcharge under G.L. c. 262, § 4C. Fees and costs may be reduced or eliminated under court rules. The statute page shows an older fee schedule alongside this one; confirm the current amount with the clerk-magistrate's office. Source: G.L. c. 218, § 22 |
| Serving the defendant | No summons and complaint are needed; notice of the claim is given to the defendant by first class mail. Source: G.L. c. 218, § 22 |
Before and at the hearing
| Mediation | Yes. The plaintiff must be told that the case may be mediated if both parties agree; an agreement is noted by the clerk-magistrate and entered as a judgment. A case not resolved by agreement may be heard by a clerk-magistrate. Source: G.L. c. 218, § 22 |
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| Jury trial | No jury at the small claims hearing. A plaintiff who files in small claims waives any jury trial. Only the defendant may ask for a new trial before a six-person jury or a judge (see appeal); if the defendant does, the plaintiff may then also claim a jury of six. Source: G.L. c. 218, § 23 |
| Interpreters | A non-English speaker has a right to the assistance of a qualified interpreter, appointed by the judge, throughout a legal proceeding. Source: G.L. c. 221C, § 2 |
After the decision
| Appeals | Only the defendant can appeal a clerk-magistrate's decision. Within 10 days after receiving notice of the finding, the defendant files a claim for trial by a jury of six or by a judge, with an affidavit stating the questions of law and fact and that the trial is sought in good faith, a $25 entry fee and a $100 bond. The bond may be waived if the defendant cannot afford it and the appeal is not frivolous. At the new trial, the magistrate's finding for the plaintiff is prima facie evidence. In a tenant's security deposit case under G.L. c. 186, § 15B, the appeal bond equals three times the deposit plus interest, costs and a reasonable attorney's fee. Source: G.L. c. 218, § 23 |
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| Collecting your judgment | The court may stay judgment or execution, order payment by a set date or in installments, and enforce its orders through contempt proceedings. On a showing of cause, it may issue writs of attachment. Source: G.L. c. 218, § 22 |
Deadline to sue
6 years for contract actions, express or implied, including suits for unpaid rent or damages under written or oral leases. 20 years for contracts under seal. M.G.L. c. 260, § 2; c. 260, § 1 (First)
Suing a landlord or tenant in Massachusetts
Tenants may sue a residential landlord in small claims where the rental property is located, and double or treble damages may be awarded where another law provides for them (G.L. c. 218, § 21). A landlord who appeals a tenant's deposit judgment must post a bond equal to three times the deposit plus interest, costs and attorney's fees.
- Massachusetts security deposit demand letter (send before you sue)
- Massachusetts security deposit law
- Tenant lawyers and free legal aid in Massachusetts
Massachusetts small claims FAQ
What is the small claims limit in Massachusetts?
$7,000 in debt or damages for contract or tort claims (not slander or libel). There is no limit for property damage caused by a motor vehicle. Cities and towns may claim up to $15,000 (no limit for unpaid personal property taxes). Double or treble damages may be awarded where another law provides for them.
Where do I file a small claims case in Massachusetts?
In the judicial district where either the plaintiff or the defendant lives or has a usual place of business or employment. A claim against a residential landlord arising from the rental may also be brought where the property is located. If a case is filed in the wrong court and venue is not waived, a party may move to transfer it.
How much does it cost to file in small claims court in Massachusetts?
By statute: $30 for claims of $500 or less, $40 for over $500 up to $2,000, $90 for over $2,000 up to $5,000, and $140 for over $5,000, plus the surcharge under G.L. c. 262, § 4C. Fees and costs may be reduced or eliminated under court rules.
How do I serve the other side in a Massachusetts small claims case?
No summons and complaint are needed; notice of the claim is given to the defendant by first class mail.
Is there a jury in Massachusetts small claims court?
No jury at the small claims hearing. A plaintiff who files in small claims waives any jury trial. Only the defendant may ask for a new trial before a six-person jury or a judge (see appeal); if the defendant does, the plaintiff may then also claim a jury of six.
Can you appeal a small claims decision in Massachusetts?
Only the defendant can appeal a clerk-magistrate's decision. Within 10 days after receiving notice of the finding, the defendant files a claim for trial by a jury of six or by a judge, with an affidavit stating the questions of law and fact and that the trial is sought in good faith, a $25 entry fee and a $100 bond. The bond may be waived if the defendant cannot afford it and the appeal is not frivolous. At the new trial, the magistrate's finding for the plaintiff is prima facie evidence.
How do I collect a small claims judgment in Massachusetts?
The court may stay judgment or execution, order payment by a set date or in installments, and enforce its orders through contempt proceedings. On a showing of cause, it may issue writs of attachment.
Is mediation required in Massachusetts small claims court?
Yes. The plaintiff must be told that the case may be mediated if both parties agree; an agreement is noted by the clerk-magistrate and entered as a judgment. A case not resolved by agreement may be heard by a clerk-magistrate.
Can I get an interpreter in Massachusetts small claims court?
A non-English speaker has a right to the assistance of a qualified interpreter, appointed by the judge, throughout a legal proceeding.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.