Small Claims Court in Norfolk County

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

Small Claims Court

At Norfolk County, MA the small claims court is a way to resolve disputes involving $7,000 or less. While this is the general rule for most cases, there are a few exceptions where you could potentially receive more than $7,000:

• If your claim involves property damage from a car accident, the amount awarded might exceed $7,000.
• If your actual damages are $7,000 or less but you also have claims for things like statutory damages or attorney’s fees, the total award could go over the $7,000 limit.
• If you're filing under the Consumer Protection Law for $7,000 or less, but the court decides to award double or triple damages, your final award could end up being more than $7,000.

Small Claims sessions are held in every Massachusetts District Court, as well as in each District Court is typically known by the name of the city or town where it's located. As the Plaintiff (the person filing the lawsuit), you have the option to file your case in the District Court where either you or the Defendant (the person or business being sued) lives, works, or has a business. In landlord-tenant disputes, you can also choose to file in the district where the property in question is located.

Cases Handled

Common types of cases that are typically handled in Small Claims Court:

• Unpaid rent
• Unpaid medical bills or other bills
• Return of a security deposit
• Damage to property
• Professional malpractice (involving a lawyer, doctor, or other professional)
• Injuries caused by defective products
• Claims valued up to $7,000

On the other hand, the following types of claims usually don’t belong in Small Claims Court:

• Damage to reputation
• Slander or libel (defamation)
• Specific performance of non-monetary contract obligations
• Claims for non-monetary damages
• Claims valued at more than $7,000

Small Claims Court: Pros and Cons

Pros:

• No Attorney Required: You can represent yourself in Small Claims Court without needing an attorney, though you can hire one if you wish. Even if you choose not to have a lawyer present at the hearing, you might find it helpful to consult one for preparation. If the other party has legal representation, it doesn’t automatically put you at a disadvantage, but be aware of the potential challenges of self-representation, such as presenting your case effectively.
• Cost Savings: Filing a claim in Small Claims Court is generally much cheaper compared to going through District or Superior Court.
• Less-Formalized Hearing: Small Claims Court uses simplified procedures and often involves a clerk-magistrate rather than a judge. This means the process is less formal, allowing you to present your case and evidence more easily without strict adherence to formal rules of evidence. The aim is to make the court accessible to everyone.
• Quicker Results: Hearings in Small Claims Court are usually scheduled promptly after you file your complaint, and decisions are typically made more quickly compared to formal court proceedings.

Cons

• Hard to Collect: Winning a judgment in Small Claims Court doesn’t guarantee you’ll get paid. If the defendant can’t or won’t pay, you need to notify the Clerk, who will issue a Notice to Show Cause. This notice must be delivered to the defendant by a Deputy Sheriff or Constable, and a hearing will be scheduled to determine the next steps. Alternatively, you can request an Execution form to have the defendant’s property seized and sold to recover the debt. Additionally, within one year of the court’s decision, either party can apply for relief from the judgment, which could potentially reverse the decision if the court finds an error or other valid reason.
• Time Off to Attend the Hearing: Small Claims Court operates during regular business hours, so you may need to take time off work or school to attend your hearing.
• Post Office Notice Required: The court requires proof that the defendant was notified of the claim. If the Post Office can’t serve the defendant, the court won’t allow the case to proceed or a judgment to be entered.
• Waiver of Jury Trial: By choosing Small Claims Court, you waive your right to a jury trial.
• Limited Appeal Options: Appeals are generally allowed only in specific circumstances if the clerk’s decision is unfavorable. Defendants have the right to appeal, but plaintiffs have limited options to appeal.

Filing a Claim

To file a suit in Small Claims Court, follow these steps:

1. Fill Out Forms: Complete a Statement of Claim and Notice form. You can get this form from the Small Claims Clerk in your district. You can file your claim either in person or by mail, but keep in mind that the action doesn’t officially begin until the clerk actually receives the mailed papers.
2. Identify the Defendant: You can sue individuals, businesses, partnerships, or corporations. Make sure to use the exact legal name and correct address of the party you’re suing. If you're unsure of these details, you can contact the city or town hall for business certificate information or check the Secretary of State's Corporations Division for the legal name of a corporation.
3. **Specify the Claim:**In Small Claims Court, you can only sue for monetary damages. Your claim should cover both the actual damage and any additional costs related to the damage, such as transportation, postage, photocopying, and court fees.
4. Pay the Filing Fee: When you file your claim, you’ll need to pay a court entry fee, which varies depending on the amount of your claim. The fee structure is:
   • Claims of $500 and under: $40
   • Claims from $501 to $2,000:$50
   • Claims from $2,001 to $5,000: $100
   • Claims from $5,001 to $7,000: $150 (The same fee applies for property damage claims over $7,000 related to automobile accidents.)
5. Receive Your Trial Information: After you file, the Clerk will provide you with a copy of your completed Statement of Claim and Notice form, including the date and time of your trial. You’ll also get a Docket Number (reference number) for your case, which you should use when contacting the Clerk. The Clerk will also send a copy of the form to the Defendant.

Preparing for Court

A Week Before the Hearing:

1. Check with the Clerk: Call the Clerk to confirm that the Defendant has received the Statement of Claim and Notice. The Clerk can also let you know if the case has been postponed or if the Defendant has filed an answer. An answer is a written response from the Defendant explaining why they believe you shouldn’t win. If there is an answer, get a copy to better prepare your case.
2. Organize Your Evidence: Review and prepare a chronological summary of events and relevant facts. Gather all your evidence, including contracts, letters, canceled checks, receipts, leases, estimates, and any damaged goods or photographs. Bring certified copies of Attorney General’s regulations if you are citing specific violations.
3. Consumer Protection Act Claims: If your claim is based on the Consumer Protection Act, inform the Clerk and bring a copy of your 30-day demand letter.
4. Schedule Witnesses: Arrange for witnesses who can support your claims or verify your statements. If a witness is unwilling to participate, the Clerk can assist with issuing a subpoena to compel their attendance.

The Trial

Before the Trial:

• Arrive Early: Get to the courthouse at least an hour before your scheduled case. This will give you time to prepare and ensure everything is in order.

During the Trial:

• Swearing In: When your case is called, the Plaintiff, Defendant, and any witnesses will be sworn in.
• Present Your Case: The Clerk will listen to each side of the case. You, as the Plaintiff, will present your case first. Speak directly to the Clerk, and make sure your presentation is brief, organized, and controlled. After your presentation, the Defendant will have their chance to present their side.
• Questioning: After both sides have presented their cases, you and the Defendant may ask each other questions. The Clerk might also ask questions and facilitate discussion to uncover all relevant facts.

If the Defendant Doesn’t Show Up:

• If the Defendant fails to appear and you are present for the trial, you automatically win. The court will issue a Judgment and Order for the Defendant to pay the amount stated in your claim, which will be valid for 20 years. However, you will need to provide some proof that your claim is valid before the court can enter a judgment.

If You or the Defendant Don’t Appear:

• If you don’t show up for the trial, or if neither party appears, the case will be dismissed.

Decision of the Court

• Immediate or Delayed Decision: The Clerk may either make a decision on the spot or take more time to deliberate. If the decision is not immediate, the case will be marked "Under Advisement," and you will be notified by mail once the final decision is made.
• If the Decision is for the Defendant: If the Clerk rules in favor of the Defendant, the case is concluded, and you will not receive any payments. You won’t be responsible for paying the Defendant’s court costs.
• If the Decision is for the Plaintiff: If the Clerk rules in your favor, you will receive a Notice of Judgment and Order. This document will instruct the Defendant to pay you the awarded damages and court entry fee. Note that the Clerk may award you less than the amount you originally claimed.
• Defendant’s Right to Appeal: The Defendant can appeal the decision within 10 days. To do so, the Defendant must pay an appeal fee and post $100 in cash, certified check, or bond, unless the Court waives this requirement.
• Frivolous Claims: If the Clerk determines that a claim or answer was frivolous or misleading, the Clerk may award up to $100 in additional costs to the other party.

Options for the Defendant

• Settle Out of Court: Even after a suit has started, the parties can agree to settle the dispute outside of court. If a settlement is reached, notify the Court and file a written agreement, known as the "Agreement for Judgment," with the Court’s records. Both parties should sign this agreement, and you should keep a copy for your own records. This agreement will be enforceable by law.
• Counterclaim: A counterclim allows the Defendant to bring a separate claim against the Plaintiff. This must be filed with the Clerk at least two days before the hearing, usually with a small fee. If you have a valid claim against the Plaintiff, inform the Clerk of your intention to file a counterclaim. This claim can be presented in writing either in the answer or during the proceedings. No written response from the Plaintiff is required for the counterclaim, and both claims are treated as one case. If the Plaintiff needs more time to prepare for the counterclaim, they can request a continuance from the court.
• Continuances: If the Defendant has been notified, the trial will not be rescheduled to another date unless both parties agree and the court approves it, or if there is a valid reason for the delay. Any request for a continuance must generally be made in writing unless the court allows an oral request.

Collect a Judgment

Steps to Collect a Judgment

Step 1: Request Payment

• Contact the Judgment Debtor: As the winner of the case (the “judgment creditor”), you should first ask the judgment debtor to pay the amount or turn over the property as ordered by the magistrate.

Step 2: Attend a Payment Hearing (if scheduled)

• Payment Hearing: If a payment hearing has been scheduled and the judgment debtor hasn’t paid, attend the hearing. The magistrate will determine whether the judgment debtor can pay immediately or needs a payment plan.
• Prove Ability to Pay: You must demonstrate that the judgment debtor has the means to pay without using legally exempt income. Review their Financial Statement of Judgment Debtor form and present any relevant evidence.
• Review of Financial Status: If the judgment debtor cannot currently pay, you can request the magistrate to schedule a future review.

Exempt Income:

Certain types of income are exempt from court orders for payment, such as specific government benefits or other protected sources. Check the list of exempt income to understand what is protected.

• Enforcement Duration: Judgments can be enforced for up to 20 years, so if the debtor’s financial situation improves, you can still collect the judgment.

Collecting the Judgment:

• Writ of Execution: If you know of valuable property (e.g., real estate, vehicles) that the judgment debtor owns, request a Writ of Execution from the clerk's office after the payment hearing (or 30 days after the judgment if no hearing was scheduled). This writ allows a constable or deputy sheriff to seize and sell the debtor’s property to satisfy the judgment.

If No Payment Hearing Was Scheduled:

• Notice to Show Cause: If no payment hearing was scheduled and the debtor hasn't paid, request a Notice to Show Cause from the clerk’s office. This form requires the judgment debtor to appear in court. You must be present on the designated court date. Pay a municipal constable or county deputy sheriff to serve this notice; the cost will be added to the amount owed.

If the Judgment Debtor Fails to Appear:

• Capias (Civil Arrest Warrant): If the debtor doesn’t appear at the payment hearing or after being served with a Notice to Show Cause, request a Capias from the clerk-magistrate’s office. This civil arrest warrant allows a constable or deputy sheriff to arrest the debtor and bring them to court. Pay the relevant fee for this service, which will also be added to the amount owed. Provide your contact information to the constable or deputy sheriff so they can notify you when the debtor is brought to court.

Winning Your Case

If you win your case, you must notify the court in writing within 10 days after you’ve collected the full amount of the court’s judgment. You don’t need to use a specific form, but make sure to include the court’s docket number in your notice.

Alternatively, you can use one of the following forms to notify the court:

• Acknowledgment of Satisfaction of Judgment
• Acknowledgment of Satisfaction of Judgment on Counterclaim

These forms are designed to confirm that you’ve received the full payment and satisfy the judgment.

Let Squabble Help You With Your Small Claim at Norfolk 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 Norfolk 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. Wrentham District Court

60 East St.
Wrentham, MA 02093
(508) 384-3106
https://www.mass.gov/locations/wrentham-district-court

BUILDING HOURS

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

2. Metro South Housing Court - Brockton Session

215 Main St., Suite 160
Brockton, MA 02301
(508) 894-4170
https://www.mass.gov/locations/metro-south-housing-court-brockton-session

BUILDING HOURS

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

3. Norfolk County Superior Court

650 High Street
Dedham, MA 02026
(781) 326-1600
https://www.mass.gov/locations/norfolk-county-superior-court

BUILDING HOURS

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