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Small Claims Court in Middlesex County

In Middlesex County, MA small claims cases are typically filed in the District Court. Middlesex County has 12 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 Middlesex Court System.

Small Claims Court

Middlesex County in Massachusetts small claims accept a maximum amount of $7,000. However, if your claim involves statutory damages or attorney's fees, such as in consumer protection or certain landlord/tenant cases, the base amount still cannot exceed $7,000. Even if the total potential award could be more due to these additional factors, the claim itself is limited to a maximum of $7,000.

Claims for money damages against the Commonwealth, state agencies, or local governments due to negligence or intentional wrongdoing by public officials or employees must be filed under the Massachusetts Tort Claims Act (M.G.L. c. 258) in Superior Court, not as small claims in District Court.

However, you can bring a small claim in District Court for issues related to government contracts, claims against housing authorities, or those authorized by specific statutes, such as the "pothole law" (M.G.L. c. 84, § 15 for municipal roads) or (M.G.L. c. 81, § 18 for state roads).

Cases Handled

The Small Claims Court addresses a variety of cases, including:

  • Disputes between tenants and landlords
  • Personal injury claims
  • Cases involving stolen property
  • Claims for damaged property
  • Debt collection issues
  • Auto repair problems
  • Poor construction work
  • Defective products
  • Breaches of contract or verbal agreements

Statute Limitations

The statute of limitations, which is the time limit for filing a claim, depends on the type of claim. Generally:

  • Claims based on a contract or consumer protection laws must be filed within 6 years.
  • Claims arising from negligence or intentional harm must be filed within 3 years.

There are exceptions to these general rules, so you may want to consult M.G.L. c. 260, a law library, or an attorney for more detailed information.

Filing a Claim

The easiest way to file a small claim is online using the Guide and File program, which will guide you through filling out your forms in plain language. Here’s what you need to know:

  • Plaintiff and Defendant: The person or business filing the claim is the plaintiff, and the person or business being sued is the defendant.
  • Claim Limit: Unless your claim is for property damage from an automobile accident, it cannot exceed $7,000. Claims involving statutory damages, like those related to consumer protection or some landlord/tenant disputes, may exceed $7,000.

Before you begin, ensure you have:

  1. Proper Names and Addresses: Accurate identification of each party is crucial. This includes:
    • Individuals: Use full names, not nicknames.
    • Businesses: For a business operating under a trade name (d/b/a), verify the name with the local city or town hall.
    • Corporations: Use the legal name and address found through the Secretary of State’s Corporate Records Division or by calling (617) 727-2800. Obtain names and addresses of corporate officers if needed, but remember you’re suing the corporation, not the officers.
    • Trusts: Include the trust’s title and the principal trustee’s details.
  2. Necessary Documents and Information: Gather all relevant papers, dates, and details that explain your claim. This might include contracts, accident dates, damage amounts, or account numbers.
  3. Special Requirements: If your claim is related to money owed in your business or trade, check for additional requirements specific to business-related claims.

Where to File

You can file a small claim in one of three court departments: District Court, Boston Municipal Court (BMC), or Housing Court.

For District Court or BMC:

  • Where to File:
    • Plaintiff: The court where at least one plaintiff lives, works, or has a business.
    • Defendant: The court where at least one defendant lives, works, or has a place of business.
    • Rental Property: The court where the rental property is located if the claim involves a landlord-tenant issue.

For Housing Court:

  • Where to File:
    • Rental Property: The court where the rental property is located if the claim is about a landlord-tenant issue.

To find the appropriate court:

  • Use the provided links to view the specific cities and towns each court serves.

Cost

Here are the fees for filing a small claim in the Boston Municipal Court, District Court, or Housing Court:

  • Claims $500 and under: $40
  • Claims $501 to $2,000: $50
  • Claims $2,001 to $5,000: $100
  • Claims $5,001 to $7,000: $150
  • Claims above $7,000 (arising from automobile accident): $150
  • Service fee for eFiling: $7

How to File

Online:

  1. Use the guided interview program to complete your small claims forms. This program will ask you questions in plain language to help you fill out the forms.
  2. After completing the interview, the program will generate the filled-in forms.
  3. You can electronically file the completed forms in the proper court through the eFiling system, paying a $7 eFiling fee.
  4. If you prefer to file in person, you can print the completed forms and bring them to the court.

In Person:

  1. Begin by using the guided interview program to fill out your small claims forms.
  2. Download and print the forms after completing the interview.
  3. Bring the printed forms to the appropriate court for filing.

By Mail:

  1. Complete your forms using the guided interview program.
  2. Print the forms and mail them, along with the filing fee, to the Clerk-Magistrate's office of the court where you are filing your case.

Defendants

Receiving Notice:

  1. Notification Process:
    • Documents Sent: After a plaintiff files a claim against you, you’ll receive a copy of the Statement of Claim and Notice of Trial.
    • Delivery Method: Notices are sent by first-class mail if you live in-state or by certified mail if you live out-of-state.
  2. Importance of Proper Notification:
    • Case Validity: The case can only proceed if you receive proper notice.
    • Undelivered Notices: If the post office cannot deliver the notice and it is returned to the court, the case cannot proceed. Similarly, if the notice is not delivered but is later proven to have been sent to the wrong address, any judgment against you may be canceled.

Counterclaims

  1. Answering the Claim:
  • Filing an Answer:
    • You can file a Small Claims Answer form or send a signed letter to the court explaining why the plaintiff’s claim should be dismissed.
    • Content of Answer: Specify which parts of the claim you deny.
    • Sending a Copy: If you file an answer, you must also send a copy to the plaintiff.
    • Not Required: Filing an answer is not mandatory, but it helps to present your side.
  1. Filing a Counterclaim:
  • What is a Counterclaim?
    • A counterclaim is a claim you make against the plaintiff if you believe they owe you money or are responsible for damages.
  • How to File:
    • Include your counterclaim in your answer, or submit it separately using the Small Claims Counterclaim form or a signed letter.
    • Send a Copy: Provide a copy of the counterclaim to the plaintiff.
    • Timing: Your counterclaim should be mailed to the plaintiff at least 10 days before the scheduled trial date, or as directed by the magistrate.
  • Trial Process:
    • The plaintiff’s original claim and your counterclaim will be treated as one case and heard on the same trial date.
    • The magistrate may allow you to explain the counterclaim in court and then put it in writing if you haven't already done so.
  • No Response Required:
    • The plaintiff is not required to file a written answer to your counterclaim.

Trial

Mandatory Court Appearance: Both the plaintiff and defendant must appear in court on the scheduled trial date unless the case is settled beforehand.

Mediation: Mediation might be available on the trial date. If so, you'll be asked if you want to mediate your claim before proceeding to trial.

Motion to Continue: If you cannot attend the trial, you can file a Motion to Continue (postpone) the case. Serve a copy of the motion to the other party and request a hearing before a magistrate. Continuances should be requested only for valid reasons such as illness or emergencies. If both parties agree, you can file a Joint Motion to Continue. Address these issues early to avoid last-minute complications.

Court Decisions Based on Attendance:

  • If the Plaintiff Doesn’t Appear: The court will enter a judgment for the defendant.
  • If Both Parties Don’t Appear: The claim will be dismissed.
  • If the Defendant Doesn’t Appear but the Plaintiff Does: The court will likely enter a default judgment in favor of the plaintiff, who may need to provide evidence of the claim.

Preparation Tips: Write down the facts of your case in chronological order to organize your presentation. Bring all relevant documents, including witnesses, checks, bills, photographs, or letters. Provide copies of any documents to the magistrate and the defendant. If a witness refuses to come to court, request a witness summons from the clerk-magistrate's office and have it served by a constable or deputy sheriff. For specialized matters, consider using expert witnesses.

Legal Considerations: The rules for small claims are similar to other lawsuits, but with simplified procedures. The plaintiff must demonstrate that the claim is legally valid and that the defendant is liable.

Day of Trial

Arrive on Time: Ensure you arrive at court on time for your scheduled trial.

Mediation First: If mediation is available and you and the other party do not reach a settlement, the case will proceed to trial.

Trial Process:

  • Plaintiff’s Presentation: The plaintiff presents their case first, explaining their side of the story.
  • Defendant’s Presentation: The defendant then presents their side.
  • Questioning: Both sides can ask questions of each other and their witnesses.

Object to Postponements: If both parties are present and ready for the trial, the case will proceed unless a valid reason for postponement is provided. If the other party seeks a postponement and you object, inform the magistrate.

Magistrate’s Decision: The magistrate will make a decision after hearing both sides. You will receive a notice of the decision, known as a "judgment," either in person or by mail.

Collecting Judgment

Notification Requirement: If you win your case and collect the full amount of the court’s judgment, you must notify the court in writing within 10 days.

Form of Notice: You do not need to use a specific form for the notice, but you must include the court’s docket number.

Optional Forms: You may use the: Acknowledgment of Satisfaction of Judgment form or Acknowledgment of Satisfaction of Judgment on Counterclaim form

These forms are optional but help formally notify the court of your collection.

If You Win Your Small Claims Case

  1. If You Were Sued and Won:
    • No Appeal Rights: The other party cannot appeal the decision.
  2. If You Sued and Won, and Were Awarded Money:
    • Wait for Appeal Period: You cannot collect the money until the time for the other party to appeal ends or until any appeal is decided.
    • If No Appeal or You Win on Appeal: Once the appeal period expires or you win an appeal, you can proceed with collecting the awarded money.

Next Steps for Collecting Your Money

  1. Check Appeal Status: Verify if the other party intends to appeal.
  2. After Appeal Period or Final Decision:
    • Collection Actions: If there is no appeal, or if you win an appeal, use collection methods such as garnishment, levies, or property liens to collect the judgment.
  3. Report Collection: Notify the court in writing within 10 days of collecting the full amount, including the court’s docket number.

Ask for payment

  • The party that wins the case is called the “judgment creditor,” and the party that needs to pay is called the "judgment debtor."
  • If you win the case, ask the other party (the judgment debtor) to pay the money or to turn over the property, as the magistrate ordered.

Attend a Payment Hearing (if scheduled)

  1. Purpose: The magistrate will determine if the judgment debtor can pay the owed amount.
  2. Preparation: Present evidence on the debtor’s ability to pay and review their Financial Statement of Judgment Debtor form.
  3. Magistrate’s Decision: The magistrate may order immediate payment, a payment plan, or schedule a future review if the debtor cannot pay now.
  4. Exempt Income: Certain incomes are exempt from payment orders, but other assets may still be used to satisfy the judgment.
  5. Writ of Execution: If the debtor doesn’t pay, request a Writ of Execution to have their non-exempt property seized and sold to satisfy the judgment. This can be done 30 days after the judgment if no hearing is scheduled.
  6. Enforcement Period: Judgments are enforceable for 20 years, allowing time to collect if the debtor’s financial situation improves.

Schedule and Payment

  1. Request Notice to Show Cause:
    • Action: Ask the clerk’s office for a Notice to Show Cause.
    • 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 is added to the amount the debtor owes.
  2. If the Judgment Debtor Fails to Appear:
    • Request a Capias: Ask the clerk-magistrate’s office for a Capias (civil arrest warrant).
    • Action: This allows the debtor to be arrested and brought to court.
    • Service: Pay a fee to a constable or deputy sheriff to execute the arrest. This fee is also added to the debtor’s 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

  1. 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, though no specific form is required.

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Courthouse Locations:

  1. Ayer District Court

    25 East Main Street
    Ayer, MA 01432
    (781) 897-8750
    https://www.mass.gov/locations/ayer-district-court

    BUILDING HOURS

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

  2. Cambridge District Court

    4040 Mystic Valley Parkway
    Medford, MA 02151
    (781) 897-8550
    https://www.mass.gov/locations/cambridge-district-court

    BUILDING HOURS

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

  3. Concord District Court

    305 Walden Street
    Concord, MA 01742
    (781) 897-8775
    https://www.mass.gov/locations/concord-district-court

    BUILDING HOURS

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

  4. Framingham District Court

    600 Concord Street, P.O. Box 828
    Framingham, MA 01701
    (508) 875-7461
    https://www.mass.gov/locations/framingham-district-court

    BUILDING HOURS

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

  5. Lowell District Court

    Lowell Justice Center
    370 Jackson Street
    Lowell, MA 01852
    (978) 459-4101
    https://www.mass.gov/locations/lowell-district-court

    BUILDING HOURS

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

  6. Malden District Court

    4040 Mystic Valley Parkway
    Medford, MA 02155
    (781) 897-8675
    https://www.mass.gov/locations/malden-district-court

    BUILDING HOURS

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

  7. Marlborough District Court

    45 Williams Street, 2nd Floor
    Marlborough, MA 01752
    (781) 897-6775
    https://www.mass.gov/locations/marlborough-district-court

    BUILDING HOURS

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

  8. Natick District Court

    600 Concord Street
    Framingham, MA 01701
    (508) 875-7461
    https://www.mass.gov/locations/framingham-district-court

    BUILDING HOURS

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

  9. Newton District Court

    Newton Police Department Annex
    25 Chestnut Street
    Newton, MA 02465
    (781) 897-8625
    https://www.mass.gov/locations/newton-district-court

    BUILDING HOURS

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

  10. Somerville District Court Office

    175 Fellsway
    Somerville, MA 02145
    (781) 897-8575
    https://www.mass.gov/locations/somerville-district-court

    BUILDING HOURS

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

  11. Waltham District Court

    38 Linden Street
    Waltham, MA 02452
    (781) 897-8650
    https://www.mass.gov/locations/waltham-district-court

    BUILDING HOURS

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

  12. Woburn District Court

    30 Pleasant Street\ Woburn, MA 01801\ 781-897-8725\ https://www.mass.gov/locations/woburn-district-court

    BUILDING HOURS

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