Sulaimon Salako

What Is a Small Claims Court in Massachusetts? In Massachusetts, Small Claim Courts are courts where litigants may resolve cases that involve claims worth $7,000 or less. Due to the limit in the scope of cases these courts can preside over, they are courts of limited jurisdiction. Under the Massachusetts Court System, the District Courts, the Boston Municipal Court, and Housing Courts are responsible for hearing and ruling on small claims cases. For this reason, small claims courts are not independent courts as they operate as subdivisions of other superior courts. The type of cases that a plaintiff can file in Small Claims Court include: ● ● ● ● ● ● ● Contract default; Loan repayment default; Personal Injury; Consumer protection - such as product liability; Security deposits recovery; Back-owed rents; and Default on tax obligations. While the list above is not exhaustive and may include other similar types of cases, the following are categories of cases that litigants may not bring to a Small Claims Court: ● ● ● ● Damage to reputation and character defamation, known as slander or libel; Non-monetary damages; Defaults on non-monetary contracts; and Cases generally involving claims above $7,000 Courts statistics across Massachusetts’ District, Housing, and Boston Municipal Courts revealed that in 2020, a total of 84,340 Small Claims lawsuits were filed in the state. In a typical small claims lawsuit, the suing party, known as the plaintiff, may file a claim against the sued party, known as the defendant, in a court location where either of them lives, is employed, or does business. For landlord-tenant cases, the plaintiff may bring the lawsuit in the court location where the residence is located. It is generally easier for a plaintiff to execute a favorable court decision when the court in question is in the same location as the defendant’s residence or place of work. How Do Massachusetts Small Claims Courts Work? In Massachusetts, the small claims procedure allows the litigating parties to present their case directly before a clerk-magistrate, answer the clerk-magistrate’s questions about the matter, and await a decision. It provides a simplified, cheap, and relaxed option for resolving claims that are worth $7,000 or below. Clerk-magistrates, rather than judges, hear small claims cases in Massachusetts, and litigants, who do not have to hire an attorney, can speak in their own layman’s language without technical legal terms. Small claims courts also generally reach their decisions quicker and typically schedule a hearing once plaintiffs file their complaints. Generally, plaintiffs may not appeal a Small Claims Court’s ruling when it does not go in their favor except in very specific circumstances. However, within ten days of receiving written notice of judgments, defendants who wish to contest the judgments may do so. A general condition for a defendant to file an appeal is that such a defendant must have appeared at the hearing of the case in question. The defendants must complete and file a Defendant’s Claim of Appeal form with the Court Clerk’s Office and specify between an appeal hearing before a trial judge or a jury. An appeal application requires a non-refundable $25 appeal fee. In addition to this fee, the appellant also has to submit a $100 appeal bond which the court only repays if the judgment is overturned. Otherwise, the court will deduct this deposit from the amount it initially awarded against the appellant. The appeal bond is bigger if the appellant is a landlord that a residential tenant had sued for returning a security deposit. In all small claims cases and regardless of whether or not the defendants appeared at the case’s hearing, they may seek to cancel a judgment that a Small Claims Court has made against them. However, their reasons must be good enough to merit a favorable outcome. A defendant may file a Motion to Vacate Judgement form within one year of the case’s conclusion. This statute of limitation is removed if the reason for filing the motion is that the defendant did not receive the notice of the small claim in the first place. How to Take Massachusetts Someone To Small Claims Court in Before suing a person in a small claims court in Massachusetts, the creditor must send a demand letter to the debtor detailing a chronological account of what has transpired between both parties regarding the debt. The suing party may be as specific as possible by mentioning exact dates, specific contracts, discussions, and the exact amount in contention. Creditors must also include a statement informing the debtors that the matter will proceed to a small claims court if they do not pay within 30 days. Once this timeline expires, then a creditor may proceed to court. In Massachusetts, the suing parties in a small claims case may file their case online, in-person, or by mail. Plaintiffs need to find out the court location where they will be filing their case before embarking on the process of completing the filing forms. Certain conditions will determine which of the three eligible types of courts may hear a small claims case. To bring a small claims lawsuit in a District or Boston Municipal Court in a certain location, at least one of the plaintiffs or defendants must live, work, do business, or be employed in this location. Similarly, Housing Courts hear small claims cases if the rental property is located within the court’s jurisdiction. This same condition applies when filing a small claims case concerning a landlord-tenant issue in a District or Boston Municipal Court. The easiest medium to file is online, by using the Massachusetts judiciary’s guide and file program. The web-based application guides prospective plaintiffs through the process of completing the necessary forms in their layperson language. However, the program’s processes and operations are not to be taken as legal advice. In addition to generating and assisting the plaintiff to complete the required forms, the program also offers users the option to file electronically for a $7 eFiling fee. Users who prefer to file in person or by mail may instead print out the forms to file them physically. To file in person after completing the necessary forms online, plaintiffs will have to take the forms to the appropriate courthouse. To file by mail, the suing party must ensure to complete the required forms online. Afterward, they must print out physical copies of the completed forms and mail them together with the supporting documents to the Clerk-Magistrate’s office in the court where they will be filing the lawsuit. Prospective plaintiffs must take note of the following key points: ● ● The suing party must know and correctly state the legal name and proper addresses of the parties involved in the case. Nicknames are also not allowed. Parties to a small claims case may include an individual, a person doing business under a fictitious name (d/b/a), a corporation, or a trust. Plaintiffs may verify a defendants’ fictitious business names by contacting the city or town authorities where such business is located and registered. As for corporations, plaintiffs may obtain their legal names and addresses at the Secretary of State’s Office in the Corporate Records Division or call -. For cases involving a trust, the plaintiffs must list the title of the trust and the proper name, phone number, and address of the recognized principal trustee. The plaintiff must provide information, records, and documents that will accurately state and support their claims. These will typically include the dates of incidents, copies of signed contracts, the specific value of resulting damages, and details of the bank accounts involved. If the plaintiff in a small claims lawsuit is a business suing to recover the money directly owed to it by the defendant or through debt assignment, there are additional requirements. Such plaintiffs must also complete and include the following information in their Statement of Small Claim forms: ● ● ● The legal name of the original creditor if the debtor initially owed the debt to someone else The last four digits of the account numbers that the original creditor assigned The most recent payment details, including the amount paid and payment date Plaintiffs must also accompany their claim with a completed Verification of Defendant's Address form to prove that they have verified the correct mailing address of the defendant. Not doing this makes it impossible for the presiding court official to enter a default judgment in the plaintiff’s favor and get their claim dismissed. Certain fees come with filing a small claims suit and are determined by the amount of the claim. The fees that apply in Massachusetts are given below: Size of Claim ● ● ● Claims of $500 or less Claims between $501 and $2,000 Claims between $2,001 and $5,000 Filing fee for each case $40 $50 $100 ● ● ● Claims between $5,001 and $7,000 Claims over $7,000 such as for autocrash damages Service charge for electronic filing $150 $150 $7 How Much Can You Sue For in Massachusetts Small Claims Court? The base limit amount for small claims in a Massachusetts Small Claims Court is $7,000. However, claims involving damage to property arising from a vehicle accident may exceed this amount. Similarly, cases that involve consumer protection and special landlord-tenant matters may necessitate attorney fees and statutory damages that will culminate in a claim award above $7,000. Yet, the base claim in such cases may not exceed $7,000. As for consumer protection cases, Consumer Protection Laws allow the court to award an amount double or triple the actual value of the damages. How to Defend Yourself in Massachusetts Small Claims Court Once a plaintiff completes the filing of a small claims lawsuit, the defendant will be served a copy of the Statement of Claim, together with the Notice of Trial, through first-class mail. The court will notify defendants who live outside Massachusetts via certified mail. This condition is necessary for the case to proceed. If the post cannot serve a defendant for some reason and returns the documents to the court, the case can not proceed. If the post office does not return the documents but delivers them to the wrong address or altogether fails to serve the defendant, whatever judgment entered against the defendant is void. After receiving a Notice of Trial and Statement of Claim, a defendant may decide whether to file an answer to the claim or not, but this is not compulsory. The defendant may use either the Small Claims Answer form or a signed letter to file an answer. This answer must state which of the claims the defendant denies and on what other grounds the defendant is proposing to have the case dismissed. If the plaintiff owes the defendant some money, then the defendant must state this in the answer. The defendant must also serve the plaintiff a copy of their answer. The court may put together the plaintiff’s claims and the defendant’s opposing claims, known as the counterclaim, as components of one small claims case and hear both claims on the day of hearing originally scheduled for the plaintiff’s claims. In this case, the defendant must have filed the counterclaim at least ten days before the scheduled hearing date. A magistrate may also order that the claims be treated as such even if the time-limit condition is not satisfied. A defendant may file their counterclaims in a separate Small Claims Counterclaim form and must also serve the plaintiff a copy. However, these claims must be pertaining to the issue on the ground and must be within the jurisdiction of the presiding court. If defendants agree to the claims of their indebtedness in Statement of Trial forms, they will have to contact the plaintiff to make arrangements to either make the payment or arrange a mutual payment schedule. The plaintiff and defendant will have to jointly sign and turn in an Agreement for Judgment and for Payment Order before the date of hearing if they have reached a mutual resolution. If both parties only reach a mutual agreement on the hearing date, they must complete, sign, and submit the form in court on the same day. If the defendant agrees to the plaintiff's claims but cannot reach an acceptable payment arrangement with the plaintiff for one reason or the other, the defendant must submit a Financial Statement of Judgement Debtor form. This form explains to the magistrate why they need more time to settle the plaintiff. An important condition to note is that the law exempts certain incomes from the court’s payment order. How Long Do You Have to Take Someone to Small Claims Court in Massachusetts? There is usually a time limit on when a person may bring a small claims case against another party, known as the statute of limitation. These time limits are affected by factors that include the time of discovery, advance notice of claim, and other reasons to delay the time limit. Chapter 260 of the Massachusetts General Laws makes provisions for statutes of limitations. Even though most cases fall under these statutes of limitation, the circumstances surrounding a case may necessitate a unique statute of limitation. ● ● ● For contracts and judgments, the statute of limitation is six years For torts and personal injury, the statute of limitation is three years For consumer protection cases, the statute of limitation is four years What Happens if You Don’t Show up for Massachusetts Small Claims Court? If the plaintiff fails to show up on the date of trial while the defendant does, the presiding clerk-magistrate will rule for the defendant based on the claims already made and the defendant’s submissions. If both parties fail to show up at the hearing, the court will dismiss the case. If only the plaintiff shows up on the date of the hearing, the clerk-magistrate may enter a default judgment ordering the defendant to pay the claim amount. The clerk-magistrate may ask that the plaintiff present admissible evidence of claim to arrive at a decision. What are Massachusetts Small Claims Court Records? Small Claims Courts records in Massachusetts are just like every other courts’ case records, containing key case information and accessible by members of the public. A small claims case record may only be inaccessible if the parties involved have secured a court judgment to seal it or if it contains sensitive information that the courts deem inappropriate for the public. Small Claims court records typically contain information on the parties involved, claim in contention, and case judgment. They are accessible online or in person. Where Can I Find Massachusetts Small Claims Court Records? Interested persons may request a Small Claims Court record in person by visiting the courthouse where the case was heard and ruled over. Alternatively, a person may obtain case records electronically by searching the court’s docket. Case details that a user will typically require to perform a search include the first and last names of either party involved in the case or the company name, where the case in question involves a company or business. Other search options are available to make the search more exact and quicker. As an alternative, persons who desire to obtain small claims case records may use reputable third-party sites. Users may conduct records searches based on the names of parties to the case or the location of the court that heard the case.