Suffolk County Small Claims Court

Important for Suffolk County: Presiding Officer: Clerk-Magistrate (typically attorneys appointed for this purpose) | Trial Format: Bench hearing before Clerk-Magistrate (no jury at original small claims hearing) | Case Initiation Form: Statement of Small Claim and Notice — REQUIRES separate Statement of Damages | Statement Of Damages Requirement: Filers must submit a Statement of Damages SEPARATELY from the Statement of Small Claim form, detailing specific dollar amounts and reasoning. This is a procedural step distinct from the basic complaint that filers must remember. | Service Method Default: First-Class Mail handled by court clerk — Massachusetts is unusual among states in defaulting to clerk-handled mail service rather than requiring sheriff/marshal/constable. Cost is included in filing fee. | Default Judgment Special Rule: If properly-served defendant fails to appear, plaintiff must still PROVE 'liquidated' damages to receive judgment from Clerk-Magistrate. This is more demanding than most states' default judgment process — plaintiff cannot just receive automatic judgment for the requested amount. | Appeal Rights One Way: MASSACHUSETTS HAS A ONE-WAY APPEAL RULE per M.G.L. c. 218 § 23. Defendants who lose at small claims can appeal for trial de novo before a 6-person jury. PLAINTIFFS WHO LOSE CANNOT APPEAL — by choosing small claims venue, plaintiffs WAIVE appeal rights. This is a major strategic consideration for plaintiffs choosing small claims vs. regular civil docket. | Appeal Jury Trial Note: Defendant appeal triggers a 6-person jury trial de novo at the District Court or BMC level — original Clerk-Magistrate findings are completely set aside on appeal.