Massachusetts Small Claims Court: $7,000 Limit, Fees and How to File

In Massachusetts, you can sue for up to $7,000 in small claims court. The limit comes from G.L. c. 218, § 21, which covers actions "in which the plaintiff does not claim as debt or damages more than $7,000," and it does not apply at all to claims for property damage caused by a motor vehicle.

Small claims cases are filed in the District Court, the Boston Municipal Court or, for landlord-tenant claims, the Housing Court, and are usually heard by a magistrate. This guide follows a Massachusetts small claims case from filing to collection; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the small claims procedure in the Massachusetts District Court, Boston Municipal Court and Housing Court under G.L. c. 218, §§ 21 to 24 and Trial Court Rule III, the Uniform Small Claims Rules (as amended effective February 3, 2025). It does not cover summary process (eviction) cases, regular civil actions in the District Court or Superior Court, or small claims in other states.

Massachusetts small claims limit: $7,000

The general limit is $7,000. G.L. c. 218, § 21 creates "a simple, informal and inexpensive procedure" in the District Court and Boston Municipal Court departments for claims "in which the plaintiff does not claim as debt or damages more than $7,000." The procedure is an alternative to a regular lawsuit, not a requirement.

The same section sets different rules for some claims and some plaintiffs:

When an award can go above $7,000

Section 21 lets you start a case for $7,000 or less "notwithstanding that the court may award double or treble damages in accordance with the provisions of any general or special law." The state's consumer affairs office adds that statutory damages or attorney's fees can also push an award above $7,000.

Car accident property damage claims

Because the dollar limit does not apply to property damage caused by a motor vehicle, a car accident property damage claim can be brought in small claims for more than $7,000. These claims follow special rules in G.L. c. 218, §§ 21 and 23:

• They are heard one evening every other week and one Saturday in the alternate week, unless the parties agree otherwise.
• A judgment on such a claim has no preclusive effect on other actions arising from the same cause.
• If an insurer transfers the case to the regular docket and the unpaid party recovers, costs and reasonable attorney's fees are assessed against the insurer.

Pending bill: H.1860 is not law

You may see reports of a $20,000 Massachusetts small claims limit. That figure comes from a bill, H.1860 of the 194th General Court, not from current law. The legislature's bill history shows it was referred to the Judiciary committee on February 27, 2025, heard on November 4, 2025, and on March 26, 2026 "House Accompanied a study order, see H5281." A study order means the bill was not enacted. The limit remains $7,000.

What you can sue for, and who can file

Small claims covers claims "in the nature of contract or tort," other than slander and libel (G.L. c. 218, § 21). The state's consumer affairs office says you can only sue for money; claims for damage to reputation or for something other than money do not belong in small claims. When hearing a money claim, the court can use certain equity powers under G.L. c. 214.

Check the deadline for your type of claim before you file; our Massachusetts statute of limitations guide lists them by claim type.

Debt buyers and businesses suing consumers

Uniform Small Claims Rule 2 adds requirements for a plaintiff suing on an assigned debt or a plaintiff engaged in trade or commerce. The plaintiff must file a Verification of Defendant's Address and state the original creditor, the last four digits of the account number and the date of the last payment. If it does not, "no default judgment shall be entered for the plaintiff and the claim shall be dismissed without prejudice."

Claims against a government body

The commentary to Uniform Small Claims Rule 7 treats a claim that appears to fall under the Massachusetts Tort Claims Act as a question of the court's jurisdiction. We could not verify what notice must be given before suing a public employer, so ask the clerk before filing such a claim.

Filing fees

Mass.gov posts the following all-in small claims fees:

The statute, G.L. c. 218, § 22, prints lower base fees ($30, $40, $90 and $140) that are charged together with a surcharge, so use the posted figures above. According to the state's consumer affairs office, the entry fee "and any other court fees will be assessed against the Defendant if you win your case."

A defendant can file a counterclaim or third-party claim "without incurring any filing fee or surcharge" (Uniform Small Claims Rule 3).

Fee waivers

Uniform Small Claims Rule 2(c) says the filing fee and surcharge are payable "except where waived by the clerk of the court under the Indigent Court Costs Law (G.L. c. 261, §§ 27A-27G)." Ask the clerk how to apply when you file. The appeal filing fee can also be waived for an indigent applicant (Rule 10(a)).

Do you need a lawyer?

No lawyer is required, but lawyers are allowed. Uniform Small Claims Rule 7(b) says "The participation by attorneys representing parties may be limited in a manner consistent with the simple and informal adjudication of the controversy." Under the same rule, a non-lawyer may assist a party when the court decides that would help.

The Trial Court's Small Claims Standards say an officer, manager or local manager of a corporation should be permitted to file a claim for the corporation (Standard 3:02), and the court may, in its discretion, let a non-attorney closely connected to a party, such as an employee, appear in the party's place if it is satisfied the person is authorized (Standard 6:09). Bring proof that you are authorized to act for the business, and ask the clerk in advance.

Where to file

You choose among the courts where Massachusetts law allows the case. Under G.L. c. 218, § 21, you can file "in the judicial district where either the plaintiff or the defendant lives or has his usual place of business or employment." A claim against a residential landlord arising from the rental can also be brought where the rental property is located.

Mass.gov lists three court departments that hear small claims: the District Court, the Boston Municipal Court and the Housing Court. The Housing Court is an option for landlord-tenant small claims where the rental property is located; if your dispute is about a security deposit, the Massachusetts landlord-tenant laws page covers the deposit rules. If a case is filed in the wrong place, it may be transferred on motion, or heard anyway if the defendant waives the venue objection.

Before you file: demand letters and mediation

Sources from the court and state do not list a demand letter as a requirement for a general small claim. For a consumer claim under G.L. c. 93A, the state's consumer affairs office says to bring your 30-day demand letter to court.

Mediation is available. Under G.L. c. 218, § 22, the plaintiff must be told that the action "may be submitted for mediation and resolution at the request of either party and with the agreement of both parties."

How the defendant is served

The clerk serves the defendant, not you. Under Uniform Small Claims Rule 3(a), the clerk mails the Statement of Claim and Notice by first-class mail to the address you give. "Such first class mail notice shall be sufficient, provided that it is not returned to the court undelivered."

An out-of-state defendant is served under G.L. c. 223A, and the court may order another form of service. Mass.gov notes that if the Post Office cannot deliver notice to the defendant, no judgment can be entered.

If you are the defendant

You do not have to file a written answer. Rule 3 says "the filing of an answer is optional, and the failure to file an answer shall not result in the defendant's default." Skipping the trial is different: if you do not appear, the court may enter judgment against you, as described below.

• Counterclaim: you can file one with no fee. It is heard with the plaintiff's claim if notice is mailed at least 10 days before trial, it must fall within small claims jurisdiction, and it is not compulsory.
• Jury or judge: the plaintiff waives a jury by using the small claims procedure. The defendant keeps the right to claim a jury of six or a trial before a single justice after the magistrate decides (G.L. c. 218, § 23).
• Trial by a judge first: if you choose to have a judge hear the case at the start instead of a magistrate, you must acknowledge in writing that you waive the later appeal (Uniform Small Claims Rule 7(a)).
• Transfer: you can ask the court to transfer a small claim to the regular civil docket (G.L. c. 218, § 24), but the request must be made before the trial date, with notice to the other side (Uniform Small Claims Rule 4(a)). A small claim within the Housing Court's jurisdiction can be moved there by filing a notice of removal with the clerk (Rule 4(b)). The case cannot be removed to the Superior Court (§ 23).

If the plaintiff appears and you do not, the court may enter judgment for the plaintiff after reviewing jurisdiction, damages and a military-status affidavit, and may schedule a payment hearing. If the plaintiff does not appear, judgment may enter for the defendant; if neither side appears, the case is dismissed. A default judgment cannot be appealed; a defendant who missed the trial can ask the court to vacate it under Uniform Small Claims Rule 8.

If the defendant is in the military

The military-status affidavit comes from federal law. When a defendant does not appear, 50 U.S.C. § 3931 requires the plaintiff to file an affidavit stating whether or not the defendant is in military service, or that the plaintiff cannot determine it, before the court enters judgment. If the defendant is in military service, the court may not enter judgment until it appoints a lawyer for the defendant.

The hearing

"A small claim action shall generally be tried, and pretrial and post-judgment motions relating to such trials shall generally be determined, by a magistrate" (Uniform Small Claims Rule 7(a)). The parties and witnesses are sworn, and the proceedings are recorded. The statute calls for an early hearing, but no fixed number of days applies.

The court uses the methods of proof best suited to discover the facts and do justice, and Mass.gov says strict rules of evidence do not limit what you can present. Bring receipts, contracts, photos, estimates and messages. If a witness refuses to take part, the clerk can help you subpoena the witness.

Appeals

Only the defendant can appeal. G.L. c. 218, § 23 deems the plaintiff to have waived a jury trial and any right of appeal to a jury of six. According to the Trial Court Law Library, a plaintiff who loses has a final decision; the narrow route left is a request for relief from the judgment under Rule 8 (below).

A defendant may, "within ten days after receipt of the magistrate's finding, file in the court where the cause was determined a claim of trial by jury, or in the alternative for a trial before a single justice" (G.L. c. 218, § 23). The new trial happens in a jury-of-six or single-justice session at a designated District Court or Boston Municipal Court. This appeal is not available from a default judgment: the Trial Court's Small Claims Standards say "There is also no right to another trial if the judgment is due to the defendant's default." A defendant who missed the trial should instead ask the court to vacate the judgment under Uniform Small Claims Rule 8 (below).

To appeal under § 23, the defendant files, within the 10 days:

• An affidavit that there are questions of law and fact requiring a trial, with the specifics, and that the trial is intended in good faith (G.L. c. 218, § 23).
• A $25 entry fee.
• A $100 bond with surety approved by the plaintiff or the clerk. The state's consumer affairs office says this can be $100 cash, a certified check or a bond.
• The court must waive the bond if the defendant lacks funds and the appeal is not frivolous.
• No bond is required of a city or town, or of a tort defendant whose judgment is covered by a motor vehicle liability policy.
• Residential security deposit cases under G.L. c. 186, § 15B require a larger bond.

If a required item is not received in time, the clerk notifies both parties and returns the appeal fee and bond. The notice tells the defendant that a judge can decide whether the appeal requirements were met, on a motion filed within 10 days of receiving that notice (Uniform Small Claims Rule 10(a)).

In the Housing Court, the first appeal works the same way: the defendant claims a trial by a judge or jury under § 23. After that trial, a further appeal from a Housing Court small claims judgment goes to the Appeals Court, filed within 10 days after entry of judgment (Uniform Small Claims Rule 10(e)).

Relief from a judgment

Uniform Small Claims Rule 8 lets the court reopen a judgment. "Within one year of the date of judgment the court may, upon a party's application and after notice to the other party ... vacate or grant relief from any judgment or order." A party who never received actual notice of the claim and the trial date can ask at any time, and the court must vacate the judgment if it finds there was no notice. The court may also order repayment of amounts already collected.

Collecting your judgment

Winning does not mean you will be paid, and the court does not collect for you. Massachusetts added a required payment hearing to the process in 2025.

The payment hearing (Rule 7A, effective February 3, 2025). If the defendant is at the trial when the decision is made, the court holds a payment hearing that day or on a set date before it orders any payment. If the defendant is absent, the notice of judgment carries no payment order, and a payment hearing is scheduled about 30 days after judgment, unless the case is appealed, the plaintiff waives the hearing, or the judgment is paid.

Enforcement tools (Rule 9):

• Execution: issues after the payment hearing on written request, or by motion 30 or more days after judgment if the payment hearing was waived, and is levied by a sheriff or constable. "No execution may levy against exempt assets or income."
• Notice to Show Cause: served on the defendant by an officer (Rule 9(a)).
• Civil contempt: only a judge can find a defendant in contempt, and only after a payment order was disobeyed and the plaintiff proved the defendant could pay without using exempt income or assets.
• Transfer: if the defendant moves to another district, the case can be transferred.

For the income and property Massachusetts protects from collection, see Massachusetts debt collection laws. Federal law also protects certain income: Social Security benefits are not subject to garnishment or levy (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

How long a judgment lasts: the state's consumer affairs office says a judgment remains valid for 20 years, and under G.L. c. 260, § 20 a judgment is presumed paid and satisfied when 20 years have passed.

Once you are paid: within 21 days of full payment, the plaintiff must file an acknowledgment of satisfaction of judgment with the court. If the plaintiff refuses, the defendant can file an affidavit of full payment and ask the court to note the judgment as satisfied (Uniform Small Claims Rule 7B(g)-(h)).

Interest: Uniform Small Claims Rule 2(a) brings prejudgment interest under G.L. c. 231, §§ 6B and 6C into small claims. That is 12% a year from the date the action was filed in the tort cases § 6B covers, and in contract cases the contract rate, if established, or 12% from the date of the breach or demand (§ 6C). Under G.L. c. 235, § 8, the judgment then bears interest from the day it is entered at that same rate.

Suing the federal government

Small claims court is not the place for a tort claim against the United States. Federal district courts have exclusive jurisdiction over money claims against the United States for injury or property loss caused by a federal employee (28 U.S.C. § 1346(b)(1)).

Official forms and self-help

• File a small claim in the Boston Municipal Court, District Court or Housing Court (Mass.gov): filing steps and the fee table.
• Small Claims Court (Office of Consumer Affairs and Business Regulation).
• Massachusetts law about small claims (Trial Court Law Library, last updated October 2, 2026).
• Trial Court Rule III: Uniform Small Claims Rules (effective February 3, 2025).

Related

• Small claims court by state
• Massachusetts statute of limitations
• Massachusetts landlord-tenant laws
• Massachusetts debt collection laws
• New Hampshire small claims court
• Rhode Island small claims court

Disclaimer: This article provides general legal information about Massachusetts small claims under G.L. c. 218, §§ 21 to 24, the Uniform Small Claims Rules (Trial Court Rule III) and the other laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the clerk's office of your District Court, Boston Municipal Court or Housing Court, a legal aid office, or a lawyer licensed in Massachusetts.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Massachusetts?

$7,000 under G.L. c. 218, § 21. There is no dollar limit for property damage caused by a motor vehicle, and a city or town can sue for up to $15,000.

Can I sue for more than $7,000 in small claims in Massachusetts?

Only in limited cases. Motor vehicle property damage claims have no dollar limit, and a claim filed at $7,000 or less can produce a larger award when a statute allows double or treble damages (G.L. c. 218, § 21).

Has the Massachusetts small claims limit gone up to $20,000?

No. The $20,000 figure comes from a bill, H.1860, which was sent to a study order on March 26, 2026 and was not enacted. The limit is still $7,000.

How much does it cost to file a small claim in Massachusetts?

Mass.gov lists $40 for claims of $500 or less, $50 for $501 to $2,000, $100 for $2,001 to $5,000 and $150 above $5,000, plus a $7 service fee if you eFile. The clerk can waive fees under the Indigent Court Costs Law.

Can a lawyer represent me in Massachusetts small claims court?

Yes. A lawyer is not required but is allowed, and the court may limit the lawyer's participation to keep the hearing simple and informal (Uniform Small Claims Rule 7(b)).

Can the plaintiff appeal a Massachusetts small claims decision?

No. G.L. c. 218, § 23 treats the plaintiff as waiving any appeal. Only the defendant can appeal, within 10 days after receiving the magistrate's finding, by claiming a jury of six or a single-justice trial and filing the affidavit, entry fee and bond that G.L. c. 218, § 23 requires. A default judgment cannot be appealed this way.

What is a payment hearing in Massachusetts small claims?

Since February 3, 2025, Uniform Small Claims Rule 7A requires a payment hearing before the court orders a defendant to pay. If the defendant missed the trial, it is scheduled about 30 days after judgment.

How long is a Massachusetts small claims judgment good for?

Twenty years. Under G.L. c. 260, § 20, a judgment is presumed paid and satisfied when 20 years have passed.