How to File a Small Claims Lawsuit in Massachusetts
A small claims lawsuit in Massachusetts is a way to sue another person or business without the use of a lawyer. The amount that can be awarded in small claims lawsuits is under $2,000. This is a fast and easy way for the people of Massachusetts to file a lawsuit when they feel they have been wronged. In the state of Massachusetts, there is not a separate court for small claims. The process is handled by all Massachusetts district courts as well as the Boston Municipal Court and the Housing Court.
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Instructions
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Locate the district court where you wish to file your small claims lawsuit. You can file the claim in the district where you live, in the district where the defendant lives or in the district where the business is located.
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Go to the district courthouse for the district where you need to file. Within the courthouse, you will need to find the clerk's office. There will be signs within the courthouse to guide you to the correct location.
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Request a statement of claim and notice of trial form from the clerk. This form must be completed in order to file a Massachusetts small claims lawsuit.
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Fill out the form with all of the requested information. This will include all of your information, as well as the name of the defendant, the defendant's address and the amount in dispute.
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Include with the form the Massachusetts small claims lawsuit filing fee. This fee will be $30.00 for claims under $500.00, or $40.00 for claims over $500.00. The lawsuit filing fee can be paid by check or money order made out to Clerk-Magistrate.
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Give the completed statement of claim and notice of trial form, as well as the small claims lawsuit filing fee, to the clerk-magistrate's office for the district within which you are filing. This can be handed to them in person or mailed to the address of the courthouse.
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