K E L S E Y & T R A S K, P.C. |
Small Claims Litigationin in Massachusetts
Below we have provided answers to many of the common questions that we are asked by our clients involved in small claims court. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
What is Small Claims Court?
Small Claims refers to the area of the legal practice that involves a lawsuit in civil court (not criminal court) between at least two parties in which one party is seeking monetary relief from the other party that is less than $7,000, unless the claim is for automobile property damage or double or treble damages under Massachusetts Consumer Protection Act. Claims for slander and libel are not permitted in small claims court.What is the Filing Fee for a Small Claim?
The filing fee for filing a small claim ranges from $40 to $150 depending on the amount being claimed. For claims under $500, the fee is $40. If the claim is between $501 and $2,000, the fee is $50. If the claim is between $2,001 and $5,000, the fee is $100. If the claim is for more than $5,001, the filing fee is $150.How is Small Claims Court Different from District Court?
Small Claims Court is a separate session held at a district court. However, there are important differences to be aware of. Most importantly, a small claims trial is heard in front of a magistrate, not a judge. Rather than requiring the party bringing the suit to hire a constable to serve the defendant, the court handles service issues in small claims court. Also, cases are usually heard more quickly than in district court.Do I Need an Attorney in Small Claims Court?
Just like in any other case, you are not required to have an attorney in a Small Claim. Many people hire attorneys, regardless of where their case is being heard, in order to ensure that they give themselves the best chance of winning in court or settling for a fair and reasonable agreement. Although traditionally many people in small claims court chose not to hire an attorney, this is changing now that the claim limit is $7,000 instead of $2,000 and more is usually at stake. Having an experienced attorney with knowledge of the law may help in communicating your case to the magistrate and effectively articulating claims or defenses that many people are not aware of. If you have been served with a small claims lawsuit (the complaint is called a "Statement of Claim and Notice of Trial") or wish to speak with an attorney about representing your interests in a small claim, we encourage you to contact us to discuss your case.Click here to learn more about Business Litigation.
Tel.508.655.5980 • Tel.508.720.0397 • Fax.508.655.5981
