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Small claims court in Massachusetts (2026)

In Massachusetts you can sue for up to $7,000 in small claims. Court: Small claims session of the District Court, Boston Municipal Court or Housing Court. Lawyers: allowed. Appeal: defendant only, 10 days. For a broken written agreement you generally have 6 years to sue. Last checked .

Massachusetts small claims at a glance

Most you can sue for
$7,000
Court
Small claims session of the District Court, Boston Municipal Court or Housing Court
Filing fee
$40–$150
Lawyers
Allowed
Appeal
Defendant only, 10 days
Ask for payment first
Not required by law

Can you sue in Massachusetts small claims?

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Massachusetts small claims limit

$7,000

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The rule: Up to $7,000 in contract or tort claims (not libel or slander). No dollar limit for property damage caused by a motor vehicle. Double or treble damages, statutory damages or attorney's fees (e.g. under the consumer protection law) can push an award above $7,000 if the claim filed was $7,000 or less. Prejudgment interest is not counted in the amount claimed. A city or town may sue for unpaid personal property taxes in any amount, or bring other small claims up to $15,000.

Deadline to sue (general rule)

6 years for this kind of claim in Massachusetts. Enter the date it happened to see the last day.

Contracts: 6 years. Torts, including personal injury and property damage: 3 years. Consumer protection (c. 93A): 4 years. Discovery rules and tolling can change these.

Lawyers: Lawyers may represent either side.

Before you file: No general demand requirement for small claims. If you sue under the Consumer Protection Act (G.L. c. 93A), you need a 30-day demand letter and should bring a copy to court.

Appeal: Within 10 days after receiving the magistrate's finding, the defendant may file a claim of trial by jury of six or by a single justice, with an affidavit, a $25 entry fee and a $100 bond (waivable). A plaintiff who loses before the magistrate cannot appeal. A defendant who agrees to an initial trial by a judge gives up this appeal. There is no further appeal to the Appellate Division except on the judge's own report. In a Housing Court small claim, a party may appeal a judgment after trial by a judge or jury to the Appeals Court by filing a claim of appeal within 10 days after entry of judgment.

Filing fee: Statewide filing fees including surcharge: $40 for claims of $500 or less, $50 for $501-$2,000, $100 for $2,001-$5,000, $150 for $5,001-$7,000 and for motor vehicle property damage claims over $7,000. Optional eFiling adds $7. Fees can be waived for indigent filers.

The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.

All Massachusetts small claims rules →Write a demand letter →

Where to file and how much

  • Court. Small claims are filed in the District Court or Boston Municipal Court where at least one plaintiff or defendant lives, works or has a place of business (or where the rental property is, for landlord-tenant claims); Housing Court hears landlord-tenant small claims where the property is. Cases are usually heard first by a clerk-magistrate.
  • Limit. Up to $7,000 in contract or tort claims (not libel or slander). No dollar limit for property damage caused by a motor vehicle. Double or treble damages, statutory damages or attorney's fees (e.g. under the consumer protection law) can push an award above $7,000 if the claim filed was $7,000 or less. Prejudgment interest is not counted in the amount claimed. A city or town may sue for unpaid personal property taxes in any amount, or bring other small claims up to $15,000.
  • Filing fee. Statewide filing fees including surcharge: $40 for claims of $500 or less, $50 for $501-$2,000, $100 for $2,001-$5,000, $150 for $5,001-$7,000 and for motor vehicle property damage claims over $7,000. Optional eFiling adds $7. Fees can be waived for indigent filers.

Who can sue and who can speak in court

  • Parties may represent themselves or hire a lawyer; the court may limit attorney participation and may let non-attorneys assist a party. Court standards say an officer or manager may file a small claim for a corporation (small claims is the exception to the rule that corporations need a lawyer). Business plaintiffs and anyone suing on assigned debt must file a Verification of Defendant's Address and list the original creditor, account digits and last payment.
  • Before you file. No general demand requirement for small claims. If you sue under the Consumer Protection Act (G.L. c. 93A), you need a 30-day demand letter and should bring a copy to court.
  • Jury and moving the case. The plaintiff waives a jury by filing in small claims. Only the defendant may, after the magistrate's decision, claim a trial before a judge or a jury of six; the plaintiff may then also claim the jury. The court may on its own transfer a case to the regular civil docket; small claims cannot be removed to Superior Court.

How long you have to sue in Massachusetts

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Contracts: 6 years. Torts, including personal injury and property damage: 3 years. Consumer protection (c. 93A): 4 years. Discovery rules and tolling can change these.

Kind of claimTime to sue
Written contract6 years
Oral (spoken) agreement6 years
Damage to property3 years
Personal injury3 years

Law: G.L. c. 260, §§2, 2A, 5A; Mass. Trial Court Law Libraries, Massachusetts law about small claims

After the hearing: appeals and collecting

Who can appeal
Only the defendant can appeal; the person who sued can't.
Kind of appeal
A new trial in a higher court
Deadline
Within 10 days after receiving the magistrate's finding, the defendant may file a claim of trial by jury of six or by a single justice, with an affidavit, a $25 entry fee and a $100 bond (waivable). A plaintiff who loses before the magistrate cannot appeal. A defendant who agrees to an initial trial by a judge gives up this appeal. There is no further appeal to the Appellate Division except on the judge's own report. In a Housing Court small claim, a party may appeal a judgment after trial by a judge or jury to the Appeals Court by filing a claim of appeal within 10 days after entry of judgment.
Collecting the money
After a judgment the court can hold a payment hearing and order payment in full or by installments, enforceable by contempt; execution and other remedies are also available. The Judgment and Order to pay stays valid for 20 years.

Good to know in Massachusetts

  • At filing, the plaintiff is told the case may go to mediation if both parties agree.
  • If the business plaintiff or assignee fails to meet Rule 2(b) and the defendant does not appear, the claim is dismissed without prejudice instead of a default.
  • A party may ask for relief from a judgment within one year.
  • Mass.gov pages block automated tools; content was read in a browser.

Official help and forms

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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