Massachusetts Small Claims Court For Property Damage
Boston automobile drivers face many tough road conditions while driving in Massachusetts. If your car is damaged in an automobile accident because of someone else’s negligence, first try to work things out with your automobile insurance company. But if you cannot get the relief you seek or feel you are entitled to, then you may consider bringing your property damage (or car accident damage) claim before the Massachusetts small claims court.
The Massachusetts small claims court operates under the District Court. It has its own benefits, such as a quick hearing (or trial) date. It has restrictions to, such as a jurisdictional limit of $2,000. With laws, there is often an exception. In small claims court property damage to a motor vehicle can exceed $2,000.
Another benefit is that filing fees are low: $30-$40, depending on the amount of damages claimed. There are many rules, however, that are the same as the District and Superior Courts. These include, but are not limited to, the statute of limitations, which is 3 years for personal injury cases, 6 years for breach of contract cases and 4 years for 93A violations. In addition, there are venue rules; you must file a claim in the court in the district where you, or the defendant lives or works, or where the incident occurred.
We have helped many people with filing their own small claims. The first step is to determine the exact address of the defendant so that the Court can properly serve him or her with the Complaint. At the hearing you need to be fully prepared. It is not like television where there is a producer and make up. The clerk magistrate wants your story in a concise format, and wants documents then and there. Nevertheless, the small claims court is a fast and efficient way of obtaining a judgment when you have been wronged and have damages below $2,000, or a damaged motor vehicle.