If you go to small claims court to get your property or the value of your property from the person who abused you, the property must be worth $7,000 or less12.
There is a small claims court in every District Court and Boston Municipal Court.
To file a small claims case you fill out a complaint form.
The filing fee is between $30.00 and $40.00, depending on how much the property you are claiming is worth.
If your income is low enough, you can file an Affidavit of Indigency so that you do not have to pay court costs.
In your complaint you have to show that the personal property belongs to you. In small claims court, you ask for “money damages.” That means that you ask for an order that the other person pay you what the property is worth. When you ask for money damages , the judge can order the defendant to return your property to you13.
The court can ask you and person who abused you to go through mediation., You do not have to go through mediation. You can refuse mediation and you do not have to have a reason for refusing14.
You can learn more about the steps for filing a claim in small claims court on the Small Claims Advisory Service website, Filing a Claim.
Endnotes
12 General Laws, Chapter 218, section 21.
13 General Laws, Chapter 218, section 21; Chapter 214, section 3.
14 General Laws, Chapter 218, section 22.
Produced by an AmeriCorps Project of Western Massachusetts Legal Services updated and revised Massachusetts Law Reform Institute Last updated March 2011