Small Claims Court in Essex County

In Essex County, MA small claims cases are typically filed in the District Court. Essex County has three District Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Essex Court System.

Small Claims Court

Often referred to as the people's court, small claims court provides an informal and cost-effective way to resolve disputes involving $7,000 or less. While this is the general guideline for most cases, there are a few exceptions worth noting:

• If your case involves property damage from a car accident, the total award might exceed $7,000.
• If your actual damages are $7,000 or less but include additional claims for statutory damages or attorney’s fees that push the total beyond that limit, a higher award could be possible.
• If you file a claim under the Consumer Protection Law for $7,000 or less and are awarded double or triple damages, you may receive more than $7,000.

Small claims sessions are held in every District Court in Massachusetts, as well as in the Boston Municipal Court and the Boston Housing Court. Each District Court is usually identified by the city or town it serves. As the Plaintiff (the person filing the lawsuit), you can choose to file in the District Court where either you or the Defendant (the person or business you’re suing) resides or operates. In landlord-tenant disputes, the Plaintiff may also file in the district where the property in question is located.

Cases Handled

This list offers some examples of claims that are typically suited for Small Claims Court:

• Unpaid rent
• Medical bills or other outstanding bills
• Security deposit refunds
• Damaged or broken property
• Professional malpractice (involving lawyers, doctors, or other professionals)
• Product liability (injuries caused by defective products)
• Claims valued at up to $7,000

On the other hand, here are some examples of claims that are generally not appropriate for Small Claims Court:

• Damage to reputation
• Slander or libel (defamation)
• Enforcement of non-monetary contract obligations
• Claims for non-monetary damages
• Claims exceeding $7,000

Filing a Lawsuit

Complete a Statement of Claim and Notice form, available from the Small Claims Clerk in your district.

• You can file your claim:
  • In person at the clerk’s office.
  • By mail, but the action won’t begin until the paperwork is received by the clerk.
• Who You Can Sue:
  • You may sue:
    • Individuals
    • Businesses
    • Partnerships
    • Corporations
  • Ensure you use the precise legal name and correct address of the party being sued.
  • To verify details, contact the local city or town hall for business certificate information or check with the Secretary of State’s Corporations Division for corporate names.
• Nature of Claims:
  • The Small Claims Court only handles monetary compensation.
  • Your claim should include:
    • Actual damages incurred.
    • Additional costs related to the damages, such as:
      • Taxi fares
      • Postage
      • Photocopying
      • Court costs
• Filing Fees:
  • A small court entry fee must be paid at the time of filing. This fee will be charged to the Defendant if you win.
  • Fee structure based on claim amount:
    • $500 and under: $40
    • $501 to $2,000: $50
    • $2,001 to $5,000: $100
    • $5,001 to $7,000: $150

(This fee also applies to property damage claims over $7,000 due to an automobile accident.)

After Filing:

• The Clerk will provide:
  • A copy of your completed Statement of Claim and Notice form, showing the date and time of your trial.
  • A Docket Number for your case, which you should use when contacting the Clerk.
• The Clerk will also send a copy of the Statement of Claim and Notice form to the Defendant.

Going to Court

A Week Before the Hearing:

• Confirm with the Clerk:
  • Call the Clerk to check if the Defendant has received the Statement of Claim and Notice.
  • Ask if the case has been postponed or if the Defendant has filed an answer.
    • An answer is a signed written statement from the Defendant explaining, in clear language, why the Plaintiff should not win the case.
  • If an answer has been filed, obtain a copy to help you prepare your case more effectively.
• Prepare Your Case:
  • Create a chronological summary of events and relevant facts.
  • Gather and organize your evidence, including:
    • Contracts
    • Letters
    • Canceled checks
    • Receipts
    • Leases
    • Estimates
    • Actual damaged goods or photographs
• Citing Regulations:
  • If citing a specific violation, bring certified copies of the applicable Attorney General's regulations.
• Consumer Protection Act Claims:
  • If you are suing under the Consumer Protection Act, inform the Clerk and bring a copy of your 30-day demand letter.
• Witness Preparation:
  • Schedule witnesses who can verify your claims or confirm your statements before the court date.
  • If a witness refuses to participate, the Clerk can assist you in subpoenaing them.

The Trial

• Arrival:
  • Arrive at the courthouse at least one hour before your case is scheduled to be heard.
• Swearing In:
  • The Plaintiff, Defendant, and any witnesses will be sworn in when the case is called.
• Presenting the Case:
  • The Clerk will hear both sides of the case:
    • Plaintiff Presents First:
      • Speak directly to the Clerk.
      • Keep your presentation brief, well-organized, and emotionally controlled.
    • Defendant Presents Next:
      • The Defendant will present their version of the case.
• Questioning:
  • After both parties have presented their cases, the Plaintiff and Defendant may ask each other questions.
  • The Clerk may act as a moderator, asking questions and encouraging discussion to clarify all facts in the case.
• Outcomes:
  • If the Defendant does not show up for the trial and you are present:
    • You automatically win the case.
    • The court will issue a Judgment and Order requiring the Defendant to pay a specified amount, which will remain valid for 20 years.
    • Note: The court will require proof that your claim is valid before entering judgment.
  • If the Defendant appears but you do not, or if neither of you appears:
    • The case will be dismissed

Decision of the Court

• Immediate vs. Delayed Decision:
  • The Clerk may:
    • Make an immediate decision, or
    • Require more time for deliberation, leaving the case Under Advisement.
      • If this occurs, you will be notified of the final decision by mail.
• Outcomes Based on the Decision:
  • If the Clerk finds in favor of the Defendant:
    • The case concludes, and you will receive no payments.
    • You will not be required to pay the court costs for the Defendant.
  • If the decision is for the Plaintiff:
    • The court will issue a Notice of Judgment and Order directing the Defendant to pay you:
      • The damages awarded.
      • The court entry fee.
    • Note: The Clerk may award you less than the original amount you claimed.
• Right to Appeal:
  • The Defendant has the right to appeal the decision within 10 days.
  • To file an appeal, the Defendant must:
    • Pay an appeal fee.
    • Post $100 in cash, certified check, or bond (unless the Court waives this requirement).
• Frivolous Claims:
  • If the Clerk determines that a party has submitted a frivolous or misleading claim or answer:
    • The Clerk may award additional costs to the other party, up to $100.

Options for the Defendant

• Settle:
  • The parties can agree to settle out of court even after the lawsuit has begun.
  • Notify the Court of the settlement.
  • Both parties should sign a written agreement titled Agreement for Judgment and file it with the Court's records to ensure it can be enforced by law.
  • Keep a copy of the agreement for your records.
• Counterclaim:
  • A Counterclaim allows the Defendant to file a suit against the Plaintiff in response to the original claim.
  • Must be filed with the Clerk at least two days before the hearing, usually with a nominal fee.
  • If you have a valid claim against the party suing you, inform the Clerk that you wish to file a counterclaim.
  • In the answer or during the proceedings, the Defendant can present any claims against the Plaintiff in writing.
  • No written response to the Defendant's claim is required, and both parties’ claims will be treated as one case.
  • If the Plaintiff needs more time to prepare for the counterclaim, they may request a continuance from the court.
• Continuances:
  • If the Defendant has been notified, the trial will not be postponed to another date unless:
    • There is an agreement between the parties with court approval, or
    • There is a demonstration of good cause.
  • Any motion for a continuance must be made in writing unless the court allows an oral application.

Winning Your Case

• Notification Requirement:
  • If you win your case, you must inform the court in writing within 10 days after you collect the full amount of the court's judgment.
• Notice Format:
  • You don’t need to use a specific form for your notice, but make sure to include the court’s docket number.
• Optional Forms:
  • You may choose to use one of the following forms to notify the court:
    • Acknowledgment of Satisfaction of Judgment
    • Acknowledgment of Satisfaction of Judgment on Counterclaim

These forms can help streamline the process of informing the court about the collection of the judgment.

Collecting Your Money

• Check Appeal Status:
  • Verify if the other party intends to appeal the decision.
• After Appeal Period or Final Decision:
  • If there is no appeal or if you win an appeal, consider using the following collection methods to enforce the judgment:
    • Garnishment
    • Levies
    • Property liens
• Report Collection:
  • Notify the court in writing within 10 days of collecting the full amount, including the court’s docket number.
• Ask for Payment:
  • As the winning party (known as the judgment creditor), ask the other party (the judgment debtor) to pay the ordered amount or to return the specified property.
• Attend a Payment Hearing (if scheduled):
  • Purpose:
    • The magistrate will determine if the judgment debtor can pay the owed amount.
  • Preparation:
    • Present evidence regarding the debtor’s ability to pay and review their Financial Statement of Judgment Debtor form.
  • Magistrate’s Decision:
    • The magistrate may:
      • Order immediate payment.
      • Set up a payment plan.
      • Schedule a future review if the debtor cannot pay immediately.
• Exempt Income:
  • Certain types of income may be exempt from payment orders, but other assets can still be used to satisfy the judgment.
• Writ of Execution:
  • If the debtor fails to pay, you can request a Writ of Execution to seize and sell their non-exempt property to satisfy the judgment.
  • This request can be made 30 days after the judgment if no hearing is scheduled.
• Enforcement Period:
  • Judgments are enforceable for 20 years, providing ample time to collect if the debtor’s financial situation improves.

Schedule and Payment

• Request Notice to Show Cause:
  • Action:
    • Request a Notice to Show Cause from the clerk’s office.
  • Purpose:
    • This document requires the judgment debtor to appear in court.
  • Service:
    • Pay a fee to a municipal constable or county deputy sheriff to serve this notice.
    • This fee will be added to the total amount the debtor owes.
• If the Judgment Debtor Fails to Appear:
  • Request a Capias:
    • Ask the clerk-magistrate’s office for a Capias (civil arrest warrant).
  • Action:
    • This warrant allows for the debtor's arrest and their transportation to court.
  • Service:
    • Pay a fee to a constable or deputy sheriff to execute the arrest.
    • This fee will also be added to the debtor’s total amount owed.
• Contact Information:
  • Provide your phone number to the constable or deputy sheriff so you can be notified when the debtor is brought to court.

Satisfaction of Judgment

• Notify the Court of Payment:
  • Report Payment:
    • Action: Inform the court in writing within 10 days after receiving the full payment.
  • Details to Include:
    • Provide the court’s docket number in your notice.
  • Form Options:
    • You can use the Acknowledgment of Satisfaction of Judgment form or the Acknowledgment of Satisfaction of Judgment in Counterclaim form.
  • Note: While these forms are available, no specific form is required to notify the court.

Let Squabble Help You With Your Small Claim at Essex County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Essex County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Essex County Superior Court

56 Federal St.
Salem, MA 01970
(978) 744-5500
https://www.mass.gov/locations/essex-county-superior-court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

2. Essex County Superior Court - Lawrence

43 Appleton Way
Lawrence, MA 01841
(978) 242-1900
https://www.mass.gov/locations/essex-county-superior-court-lawrence

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

3. Essex County Superior Court - Newburyport

145 High St.
Newburyport, MA 01950
(978) 462-4474
https://www.mass.gov/locations/essex-county-superior-court-newburyport

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays