I am in the middle of a dispute with a former friend over a debt he will not pay. The debt is not huge, so I do not want—and cannot afford—to get an attorney involved. What are my options in Massachusetts? Trish, Ludlow.
Like most states, Massachusetts has a Small Claims Court. Typically, a plaintiff can only use the Small Claims Court if the amount of damages she seeks is $2,000 or less. The beauty of the Small Claims Court is that it operates under a separate, less confusing set of rules designed to help pro se litigants (people not represented by an attorney).
If the debt in question is more than $2,000, you have two options. You can file your claim in District Court, but that will require you to either familiarize yourself with more complicated rules of procedure and evidence or hire an attorney. Your other option is to sue for $2,000 and give up any claim to the remaining debt. This latter approach might make sense if the debt is $2,500 or even $3,000, because unless you are comfortable pursuing a claim on your own in District Court, you will have to pay a considerable amount in attorney’s fees.
Regardless of whether you choose the District Court of the Small Claims Court, check out Representing Yourself in a Civil Case, on the Massachusetts Court System website: www.mass.gov/courts/admin/ji/repyourself.html
(Submitted by the Editor)
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UPDATE
As of August 1, 2010, Massachusetts has raised the limit for small claims to $7,000. The courts now also charge entry fees. See St.2010, c.240, sec.156-157.
SECTION 156. Section 21 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, lines 6 and 35, the following words, ?two thousand dollars? and inserting in place thereof, in each instance, the following figure:- $7,000.
SECTION 157. Section 22 of said chapter 218, as so appearing, is hereby amended by adding the following paragraph:- The procedure shall include the beginning of actions with an entry fee of $30 for claims of $500 or less, $40 for claims of greater than $500 but less than or equal to $2000, $90 for claims of greater than $2000 but less than or equal to $5000, and $140 for claims greater than $5000, plus the surcharge required by section four C of chapter two hundred and sixty-two, but without summons and complaint and without requirement, except by special order of court, of any pleading other than a concise written statement of the claim.