Small Claims Court in Plymouth County

In Plymouth County, MA small claims cases are typically filed in the District Court. Plymouth County has one District Courthouse that handles 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 Plymouth Court System.

Small Claims Court

In Plymouth County, MA, small claims court provides a way to settle disputes involving amounts of $7,000 or less. However, there are some exceptions where you may be awarded more than $7,000:

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

Small Claims hearings take place at every Massachusetts District Court, with each court typically named after the city or town it serves. As the plaintiff (the one bringing the lawsuit), you can 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 file in the district where the property involved is located.

Cases Handled

Common types of cases typically handled in Small Claims Court include:

• Unpaid rent
• Unpaid medical bills or other outstanding bills
• Return of a security deposit
• Property damage
• 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 generally 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 of Small Claims Court:

• No Attorney Required: You can represent yourself in Small Claims Court, though hiring an attorney is optional. While not required, consulting a lawyer before the hearing can be beneficial for preparation. Even if the other party has legal representation, it doesn’t automatically put you at a disadvantage, though self-representation can present challenges in effectively presenting your case.
• Cost Savings: Filing a claim in Small Claims Court is typically much cheaper than filing in District or Superior Court, making it an affordable option for resolving disputes.
• Less-Formalized Hearing: Small Claims Court has simplified procedures, and hearings are often presided over by a clerk-magistrate rather than a judge. This more relaxed setting allows you to present your case and evidence without the strict rules of formal court, making the process more accessible.
• Quicker Results: Hearings in Small Claims Court are generally scheduled soon after you file your complaint, and decisions are usually made more quickly than in more formal court proceedings.

Cons of Small Claims Court:

• Hard to Collect: Winning a judgment doesn’t guarantee you’ll be paid. If the defendant doesn’t pay, you must notify the Clerk to initiate additional actions, such as issuing a Notice to Show Cause or requesting an Execution form to seize the defendant’s property. Additionally, either party can apply for relief from the judgment within one year, which could potentially reverse the court’s decision.
• Time Off to Attend the Hearing: Small Claims Court operates during regular business hours, so you may need to take time off from work or school to attend the hearing.
• Post Office Notice Required: The court requires proof that the defendant has been notified of the claim. If the Post Office is unable to serve the defendant, the case may be dismissed, and no judgment will be entered.
• Waiver of Jury Trial: By choosing Small Claims Court, you forfeit your right to a jury trial, meaning a judge or magistrate will decide your case.
• Limited Appeal Options: Appeals are usually only possible in specific circumstances. While defendants have the right to appeal an unfavorable decision, plaintiffs have fewer options to appeal if they lose.

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, available from the Small 1.Claims Clerk. You can file the claim in person or by mail, but the process officially begins only when the clerk receives the papers.
2. Identify the Defendant: You can sue individuals, businesses, partnerships, or corporations. Be sure to use the correct legal name and address. If you’re unsure, check with the city hall for business details or consult the Secretary of State's Corporations Division for corporate names.
3. Specify the Claim: In Small Claims Court, you can only sue for monetary damages, including actual damages and any additional costs like transportation, postage, photocopying, and court fees.
4. Pay the Filing Fee: The court entry fee depends on the claim amount:
   • Claims up to $500: $40
   • Claims from $501 to $2,000: $50
   • Claims from $2,001 to $5,000: $100
   • Claims from $5,001 to $7,000: $150 (also applies to property damage claims over $7,000 due to auto accidents)
5. Receive Your Trial Information: After filing, the Clerk will send you a copy of your Statement of Claim, including your trial date, time, and Docket Number. The Clerk will also send a copy to the Defendant.

Preparing for Court

A Week Before the Hearing:

1. Check with the Clerk: Call to confirm 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 (a written response explaining why they think you shouldn’t win). If there’s an answer, get a copy to prepare better.
2. Organize Your Evidence: Prepare a chronological summary of events and gather all relevant evidence, such as contracts, letters, canceled checks, receipts, leases, estimates, photographs, or damaged goods. If you're citing violations, bring certified copies of Attorney General’s regulations.
3. Consumer Protection Act Claims: If your claim is based on the Consumer Protection Act, let the Clerk know and bring a copy of your 30-day demand letter.
4. Schedule Witnesses: Arrange for witnesses who can support your case. If any witness refuses to attend, the Clerk can help issue a subpoena to compel their presence.

The Trial

Before the Trial:

• Arrive Early: Arrive at least an hour before your scheduled hearing 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: As the Plaintiff, you’ll present your case first. Speak directly to the Clerk, and keep your presentation brief, organized, and clear. After you finish, the Defendant will present their side.
• Questioning: Once both sides have presented, you and the Defendant may ask each other questions. The Clerk might also ask questions to clarify the facts.

If the Defendant Doesn’t Show Up:

• If the Defendant fails to appear and you’re present, you automatically win. The court will issue a judgment for the amount you’re claiming, valid for 20 years. However, you’ll need to provide proof that your claim is valid for the court to enter a judgment.

If You or the Defendant Don’t Appear:

• If either you or the Defendant doesn’t show up, the case will be dismissed.

Decision of the Court

• Immediate or Delayed Decision: The Clerk may issue a decision immediately or take more time to deliberate. If the decision is delayed, the case will be marked "Under Advisement," and you’ll be notified by mail when 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 won’t receive any payment. You won’t be responsible for the Defendant's court costs.
• If the Decision is for the Plaintiff: If the Clerk rules in your favor, you’ll receive a Notice of Judgment and Order, instructing the Defendant to pay you the awarded amount, including the court entry fee. The Clerk may award you less than you originally claimed.
• Defendant’s Right to Appeal: The Defendant can appeal the decision within 10 days by paying an appeal fee and posting $100 in cash, certified check, or bond, unless the Court waives this requirement.
• Frivolous Claims: If the Clerk finds a claim or answer to be frivolous or misleading, they 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, both parties can agree to settle outside of court. If a settlement is reached, notify the Court and file a written "Agreement for Judgment." Both parties should sign the agreement, and you should keep a copy for your records. This agreement will be legally enforceable.
• Counterclaim: A Defendant can file a counterclaim, which is a separate claim against the Plaintiff. This must be filed with the Clerk at least two days before the hearing, usually for a small fee. If you have a valid claim, inform the Clerk and file it in writing, either in the answer or during the hearing. Both claims are treated as one case, and no written response from the Plaintiff is required. If the Plaintiff needs more time, they can request a continuance.
• Continuances: Trials are not rescheduled unless both parties agree, the court approves it, or there’s a valid reason for the delay. Requests for a continuance are usually made in writing, though the court may allow an oral request.

Collect a Judgment

Steps to Collect a Judgment:

• Step 1: Request Payment
  • Contact the Judgment Debtor: As the judgment creditor, ask the debtor to pay the amount owed or turn over property as ordered by the magistrate.
• Step 2: Attend a Payment Hearing (if scheduled)
  • Payment Hearing: If a hearing has been scheduled and the debtor hasn’t paid, attend the hearing where the magistrate will decide if the debtor can pay immediately or needs a payment plan.
  • Prove Ability to Pay: Show that the debtor has the means to pay without using exempt income, by reviewing their Financial Statement of Judgment Debtor form and presenting evidence.
  • Review of Financial Status: If the debtor can’t pay now, you can ask for a future review of their financial situation.
  • Exempt Income: Some income is protected from payment orders, like certain government benefits. Check for exempt income.
  • Enforcement Duration: Judgments can be enforced for up to 20 years, so if the debtor’s financial situation improves, you can still collect.
• Collecting the Judgment:
  • Writ of Execution: If you know the debtor owns valuable property (e.g., real estate, vehicles), request a Writ of Execution from the clerk’s office. This allows a constable or deputy sheriff to seize and sell property to satisfy the judgment.
• If No Payment Hearing Was Scheduled:
  • Notice to Show Cause: If no hearing was scheduled and the debtor hasn’t paid, request a Notice to Show Cause. This forces the debtor to appear in court. Pay a constable or sheriff to serve the notice, and the cost will be added to the debt.
• If the Judgment Debtor Fails to Appear:
  • Capias (Civil Arrest Warrant): If the debtor doesn’t appear after being served with a Notice to Show Cause, request a Capias from the clerk-magistrate. This civil arrest warrant lets authorities arrest the debtor and bring them to court. You’ll need to pay the service fee, which will be added to the amount owed. Provide contact info to be notified when the debtor is brought to court.

Winning Your Case

If you win your case and collect the full amount of the judgment, you must notify the court in writing within 10 days. While there is no specific form required, make sure to include the court’s docket number in your notice.

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

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

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

Courthouse Locations:

Plymouth District Court

52 Obery St.\ Plymouth, MA 02360
(508) 747-8400
https://www.mass.gov/locations/plymouth-district-court

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.
• This court serves Duxbury, Halifax, Hanson, Kingston, Marshfield, Pembroke, Plymouth, and Plympton.

Let Squabble Help You With Your Small Claim at Plymouth County

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