Massachusetts Law About Small Claims
Massachusetts Laws
MGL c.218, s.21-25, Small Claims Procedure
Rules and Standards
Uniform Magistrate Rules: Rule 4: Mediation of Small Claims Actions, Mass. Trial Court. Guidelines for electing and utilizing mediation by a magistrate in small claims.
Trial Court Rule III: Uniform Small Claims Court Rules, Mass. Trial Court. As amended effective October 1, 2009.
Forms
Small Claims Forms. Note: While many forms are available, the Statement of Small Claim form is not available on the web and must be picked up at the court.
Other Web Sources
Dignity Faces a Steamroller: Small-claims proceedings ignore rights, tilt to collectors, Boston Globe. A frightening account of the use of small claims courts by debt collectors, and the lack of respect paid and information given to debtors by Massachusetts small claims courts. The new Small Claims Rules, effective October 1, 2009, address many of these inequities.
Everybody's Guide to Small Claims Court, Nolo, 2008. An overview on bring a small claims case or defending yourself against one. Includes information on how to collect your money if you win, serving your papers, witnesses, getting ready for court and more. Requires Library Card for access.
Report of the Small Claims Working Group, Mass. Trial Court, District Court Department, August 1, 2007. After a one-year study, group recommended changes in Uniform Small Claims Rules and Small Claims Standards, as well as a statutory change, in order to better protect debtors and "to promote understanding by, and ensure equal treatment of, all parties." Recommendations include changes to notice requirements and procedures, entry of default judgments, property seizures, and more.
Small Claims Changes Effective October 1, 2009, Mass. District Court Transmittal 1026, Sept. 11, 2009. Includes everything you need to know about new small claims procedures, including "a one-page chart summarizing the amendments to the rules, a one-page checklist for entering default judgments, a redlined version of the rules and commentary, highlighting the changes, five new forms which will be used in implementing the new changes..., and revised instructions for the back of the “STATEMENT OF SMALL CLAIM AND NOTICE OF TRIAL” (DC-SC-1) form, which will be introduced when the form is next reprinted." 