Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

The rules of civil procedure and evidence are typically simplified in small claims proceedings to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

Filing Small Claims in Middlesex County

Any individual over 18 years of age can file in Middlesex County Small Claims Court for damages of up to $2,000.  The exception to this $2,000 limit is for property damage caused by a motor vehicle.  If the action is one that permits double or treble damages by law, the limit may increase to $4,000 or $6,000.  You may bring an action in Middlesex County if the defendant resides there, the cause of action occurred there, or any property pertaining to the action is located there. 

In order to file the case, you will first need to select the appropriate court.  Small claims are conducted at any of the Middlesex County District Courts, but you must file your claim in the district that serves you.  The appropriate forms are all available on the Massachusetts Court website.  In filing, you also need to provide the name and address of the party you are suing, as well as the court fee, which is $30 for any claim up to $500 and $40 for any claim over $500.  You may also file your claim by mail, but the action will not be considered to have commenced until the court receives the paperwork.  After filing, the Clerk will provide you with a hearing date and time. 

After you file, the next step is to serve the defendant.  You must know the full name of the individual you want to sue and an address at which they can be served.  In the case of filing a claim against a business, the process depends on if it is incorporated or not.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble finding this information, you may search the Massachusetts Secretary of the Commonwealth Corporations Division website.

After filing your claim, the Clerk will attempt to complete service on the defendant on your behalf through certified mail with a return receipt requested and first class mail to the addresses you provided in your filing.  As long as the first class mail is not returned to the court as undeliverable, the certified mail notice of the claim will be deemed sufficient to execute service.  If necessary, the court may provide for other means of service on your behalf.

For more information about the Middlesex County small claims process, visit the Massachusetts Court System’s website.