What Is a Civil Case in Massachusetts, and Which Court Hears It?

A civil case in Massachusetts is a lawsuit in which one person, business or government body asks a court to order another to pay money or to do or stop doing something, as opposed to a criminal case, in which the Commonwealth charges someone with a crime and asks for a punishment. Which court hears a civil case depends mostly on how much money is realistically at stake and what the dispute is about. Claims of $7,000 or less can go to small claims under M.G.L. c. 218, sec. 21, and property damage caused by a motor vehicle can go there in any amount. Cases for money damages where there is no reasonable likelihood of recovering more than $50,000 belong in the District Court or the Boston Municipal Court under c. 218, sec. 19, and cases worth more belong in the Superior Court under c. 212, sec. 3. Divorce goes to the Probate and Family Court, title to land to the Land Court, and many housing disputes to the Housing Court. Filing a regular civil complaint costs $195 in the District Court and $275 in the Superior Court once the statutory surcharges are added.

Most people meet the civil system after something has already gone wrong: a crash, a contractor who took a deposit and disappeared, a landlord who kept a security deposit, an insurer that will not pay. The words used in court (“plaintiff”, “complaint”, “service”, “answer”, “preponderance”) make the process sound more mysterious than it is. Underneath them is a short list of rules about who can sue whom, in which building, for how much, and by when.

This page explains what makes a case civil rather than criminal, which Massachusetts court hears which kind of civil case, what it costs to start one, and the steps a civil case moves through. It is general information about Massachusetts law, not legal advice about any particular dispute.

Civil and Criminal Cases Are Different Proceedings

The difference is not the seriousness of what happened. A drunk driver who injures someone can face both kinds of case over the same few seconds of driving, and the two run separately, in front of different judges, under different rules.

In a criminal case, the Commonwealth is the party bringing the charge, usually through a district attorney’s office, and the question is whether the defendant committed a crime. A conviction can bring jail, probation, a fine or a license loss. The person who was hurt is a witness, not a party, and does not control whether the case goes forward or settles.

In a civil case, the person who claims to have been wronged is the party. That person, the plaintiff, files the case against the defendant, decides what to ask for, and can settle or drop it. The court can order the defendant to pay money (damages) or, in some cases, to do or stop doing something. Nobody goes to jail because they lost a civil case.

The burden of proof is different too. A criminal conviction requires proof beyond a reasonable doubt. A civil plaintiff generally has to prove the claim by a preponderance of the evidence, meaning that it is more likely true than not. That is why a person can be found not guilty of a crime and still be found responsible for the same conduct in a civil case: the civil jury is answering a different question on a lower standard.

The two also differ in who gets a jury. Article 15 of the Massachusetts Declaration of Rights guarantees a right to a jury “in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced”, so most civil cases for money can be tried to a jury if a party asks for one in time. In the District Court, M.G.L. c. 218, sec. 19B provides for a jury of six on a written demand, and a party that does not demand one has waived it.

Question	Civil case	Criminal case
Who brings it	The person or business claiming harm (the plaintiff)	The Commonwealth, through a prosecutor
What it asks for	Money damages, or an order to do or stop doing something	A conviction and a sentence
Standard of proof	Preponderance of the evidence (more likely than not)	Beyond a reasonable doubt
Who controls settlement	The parties	The prosecutor and the court
Possible outcome for the losing side	A judgment to pay or comply	Jail, probation, fines, license loss
How it starts	A complaint and an entry fee filed with the clerk (Mass. R. Civ. P. 3)	A criminal complaint or an indictment

One practical consequence: a criminal case does not pay the person who was hurt for their losses in the way a civil claim does, and a civil claim does not have to wait for the criminal case to end. In a car crash where the other driver is charged with operating under the influence, for example, the injury claim against that driver and the driver’s insurer is a separate civil matter. The OUI felony article covers the criminal side.

The Seven Trial Court Departments

Massachusetts has one Trial Court made up of seven departments, listed in M.G.L. c. 211B, sec. 1: the Superior Court, the Housing Court, the Land Court, the Probate and Family Court, the Boston Municipal Court, the Juvenile Court and the District Court. Most of them hear civil cases of some kind. The question “which court” is really two questions: which department, and which location within it. This page answers the first. The county court-venue articles, such as Middlesex County and Suffolk County, answer the second.

Court	Civil cases it hears	Money line	Statute	Filing fee for a new case
Small claims session (District Court, BMC, Housing Court)	Contract and tort claims, not slander or libel	$7,000 or less; no limit for property damage caused by a motor vehicle	c. 218, sec. 21	$40 to $150 depending on the amount claimed
District Court and Boston Municipal Court	Money damages, plus summary process (eviction) in any amount	No reasonable likelihood of recovering more than $50,000	c. 218, sec. 19	$180 plus $15 surcharge = $195
Superior Court	Money damages above the District Court line; mortgage foreclosure; real actions; claims against the Commonwealth	Reasonable likelihood of recovering more than $50,000	c. 212, sec. 3	$240 plus $20 security fee plus $15 surcharge = $275
Housing Court	Civil cases concerning the health, safety or welfare of occupants of housing, landlord and tenant matters	None stated	c. 185C, sec. 3	Set by the Housing Court fee schedule
Probate and Family Court	Divorce (exclusive), wills and estates, guardianship, adoption, name changes	None stated	c. 215, sec. 3	Set by the Probate and Family Court fee schedule
Land Court	Registration and confirmation of title to land	None stated	c. 185, sec. 1	Set by the Land Court fee schedule

The District Court and Superior Court fee figures are the ones listed on the Massachusetts court system’s own filing-fee pages, and they match the statutes: c. 262, sec. 2 sets the $180 District Court entry fee, c. 262, sec. 4A sets the $240 Superior Court entry fee and the $20 security fee, and c. 262, sec. 4C adds the $15 surcharge to every civil entry except small claims, which carry a $10 surcharge instead. A person who cannot afford the fees can ask the court to waive them on an indigency affidavit.

The $50,000 line between District and Superior Court

The text of c. 218, sec. 19 still says $25,000, followed by the words “or an amount ordered from time to time by the supreme judicial court”. The Supreme Judicial Court’s standing order of July 17, 2019, effective January 1, 2020, raised that amount to $50,000 for civil actions for money damages begun on or after that date, and the official statute page carries a note saying so. Superior Court’s own statute, c. 212, sec. 3, mirrors the same line from the other side.

Three details about that line matter in practice:

• It is a forecast, not a cap on the claim. The test is whether there is a “reasonable likelihood” that recovery will exceed the amount, judged from the plaintiff’s statement of damages. Under c. 218, sec. 19A, a District Court civil complaint for money damages has to come with a signed statement of the facts the plaintiff relies on for damages.
• Single damages control. Where a statute allows double or triple damages, as Chapter 93A does for some consumer claims, the single damages figure decides the court, not the multiplied one.
• Filing in the wrong department is fixable. Under c. 218, sec. 19A a District Court judge can dismiss a case that plainly belongs in Superior Court, without prejudice, and the fee already paid is credited if the case is refiled there. Under c. 231, sec. 102C the Superior Court can send a case it decides is too small back to a District Court for trial.

Small claims is a procedure, not a separate court

Small claims is a simplified procedure inside the District Court, the Boston Municipal Court and the Housing Court. Under c. 218, sec. 21 it covers claims in contract or tort, other than slander and libel, where the plaintiff claims $7,000 or less. The dollar limit does not apply to “an action for property damage caused by a motor vehicle”, so a car owner whose vehicle was damaged in a crash can use small claims even for a repair bill above $7,000. Under c. 218, sec. 22 the case starts without a formal summons and complaint, notice goes by first class mail, and the parties can agree to mediation. The hearing may be in front of a clerk-magistrate rather than a judge.

The filing fee depends on the amount claimed. The court system’s fee table lists $40 for $500 or less, $50 for $501 to $2,000, $100 for $2,001 to $5,000 and $150 for $5,001 to $7,000, each figure including the $10 surcharge.

How a Massachusetts Civil Case Moves

Every civil case for money in the District Court, the Boston Municipal Court and the Superior Court follows the Massachusetts Rules of Civil Procedure. Rule 1 says they govern “all suits of a civil nature”. The main stages, in order:

1. The deadline to sue. Most injury and other tort claims must be started within three years after the cause of action accrues, under M.G.L. c. 260, sec. 2A. Most contract claims have six years under c. 260, sec. 2. Some claims have shorter or different clocks, which the statute of limitations article sets out.
2. The complaint. Under Mass. R. Civ. P. 3, a civil action is commenced by mailing the complaint and entry fee to the clerk by certified or registered mail, filing them with the clerk, or submitting them through the court’s electronic filing system with electronic payment.
3. Service on the defendant. The summons and complaint have to be served on each defendant. Under Rule 4(j), if service is not made within 90 days after filing and the plaintiff cannot show good cause, the action is dismissed as to that defendant without prejudice.
4. The answer. Under Rule 12(a), a defendant served with a complaint has 20 days to serve an answer, unless the court orders otherwise or a motion changes the timing.
5. The jury demand. Under Rule 38(b), a party wanting a jury must demand one in writing no later than 10 days after the last pleading directed to the issue, and under Rule 38(d) failing to do so is a waiver. In the District Court the parallel rule is c. 218, sec. 19B.
6. Discovery. Each side gathers evidence from the other through written questions, document requests and depositions. The deposition article covers the most common tool in detail.
7. Settlement or trial. Most civil cases settle. Those that do not are tried to a judge or a jury, which decides whether the plaintiff proved the claim by a preponderance of the evidence and, if so, what damages to award.
8. Interest and judgment. In an action for personal injuries or property damage, M.G.L. c. 231, sec. 6B adds interest at 12 per cent a year from the date the action was commenced to a verdict or finding for damages.
9. Appeal. The route depends on the court. Under c. 231, sec. 97, a District Court civil action for money damages under c. 218, sec. 19 is not retried in the Superior Court on appeal; the court system’s fee table lists an Appellate Division appeal at $180.

Answer Capsule

A civil case is a lawsuit between private parties (or a party and a government body) for money or a court order, decided on a preponderance of the evidence, as opposed to a criminal prosecution brought by the Commonwealth and decided beyond a reasonable doubt. In Massachusetts, claims of $7,000 or less can use small claims under c. 218, sec. 21 (motor vehicle property damage in any amount), money claims with no reasonable likelihood of exceeding $50,000 go to the District Court or Boston Municipal Court under c. 218, sec. 19, and larger ones go to the Superior Court under c. 212, sec. 3. A regular complaint costs $195 in the District Court and $275 in the Superior Court, and must be served within 90 days (Mass. R. Civ. P. 4(j)).

Four Massachusetts Disputes, Four Routes

The rules are easier to see on real-world shapes of dispute. These are illustrations of how the statutes sort cases, not predictions about any case.

A parked car is hit and the other driver’s insurer offers too little for the repair. The claim is property damage caused by a motor vehicle, so small claims is available whatever the repair bill, under the last clause of c. 218, sec. 21. The owner can also file a regular District Court complaint.

A homeowner paid a contractor a $4,500 deposit and the work never started. That is a contract claim of $7,000 or less, so small claims is available. If the homeowner adds a Chapter 93A claim that could double or triple the amount, c. 218, sec. 19 says the single damages figure decides the court. The 93A demand letter article explains the letter that usually comes first.

A person is injured in a crash with medical bills of $18,000 and months out of work. The claim is a tort for personal injuries, with a three-year deadline under c. 260, sec. 2A. Whether it belongs in the District Court or the Superior Court depends on whether a recovery above $50,000 is reasonably likely, which turns on the injuries and the evidence. Many such claims are resolved with the insurer before any case is filed; the settlement timeline article covers that stage.

Two spouses are ending a marriage. Divorce is civil, but under c. 215, sec. 3 the Probate and Family Court has exclusive original jurisdiction, so no amount-based rule applies.

Steps If You Think You Have a Civil Claim

1. Write down the date the harm happened and count forward to the likely deadline (three years for most injury claims, six for most contract claims), then treat that date as earlier than it looks.
2. Collect the documents now: contracts, receipts, photographs, the crash report, medical bills, letters and texts.
3. Put a realistic number on the loss. That number decides whether small claims, the District Court or the Superior Court is the starting point.
4. Check whether the dispute belongs to a specialist department instead (Housing, Probate and Family, Land Court).
5. If the other side has an insurer, find out whether the claim can be resolved with the insurer before anything is filed.
6. If you are the one sued, mark the 20-day answer deadline from the date you were served. A missed answer can lead to a default judgment.

Key terms

• Civil action is a lawsuit between parties for money or a court order, governed in Massachusetts by the Rules of Civil Procedure rather than criminal law.
• Plaintiff is the party that files the civil case, and defendant is the party it is filed against.
• Preponderance of the evidence is the civil standard of proof: the claim is more likely true than not.
• Amount in controversy is the realistic value of the claim, which decides whether a money case goes to the District Court or the Superior Court.
• Service of process is the formal delivery of the summons and complaint to the defendant, required within 90 days of filing under Rule 4(j).
• Small claims procedure is the simplified process under c. 218, secs. 21 to 25 for claims of $7,000 or less and motor vehicle property damage in any amount.

Frequently Asked Questions

Q: What is the difference between a civil case and a criminal case in Massachusetts?

A: A civil case is brought by the person or business claiming harm and asks for money or a court order; a criminal case is brought by the Commonwealth and asks for a conviction and a sentence. A civil claim is generally proved by a preponderance of the evidence, meaning more likely than not, while a criminal conviction needs proof beyond a reasonable doubt. The same event can produce both, and they proceed separately.

Q: What is the small claims limit in Massachusetts?

A: $7,000, under M.G.L. c. 218, sec. 21. The limit does not apply to an action for property damage caused by a motor vehicle, so a crash repair claim can use small claims at any amount. Slander and libel claims cannot use small claims at all. The filing fee runs from $40 to $150 depending on the amount claimed.

Q: Which court hears a civil case for more than $50,000 in Massachusetts?

A: The Superior Court. Under c. 212, sec. 3 and c. 218, sec. 19, read with the Supreme Judicial Court’s standing order effective January 1, 2020, a money damages case goes to the District Court or Boston Municipal Court only if there is no reasonable likelihood of recovering more than $50,000, and to the Superior Court if there is.

Q: How much does it cost to file a civil lawsuit in Massachusetts?

A: The court system’s fee tables list $195 for a civil complaint in the District Court or Boston Municipal Court ($180 plus a $15 surcharge) and $275 in the Superior Court ($240 plus a $20 security fee plus a $15 surcharge). Small claims cost $40, $50, $100 or $150 depending on the amount. Having the summons served is a separate cost, and fees can be waived for a person who qualifies as indigent.

Q: How long does someone have to respond to a civil lawsuit in Massachusetts?

A: Under Mass. R. Civ. P. 12(a), a defendant has 20 days after being served to serve an answer, unless the court sets a different time or a motion under the rule changes it. Ignoring a complaint can lead to a default.

Q: Do civil cases in Massachusetts have juries?

A: Most civil cases for money can be tried to a jury if a party asks in time. Article 15 of the Declaration of Rights protects the right. In the District Court, c. 218, sec. 19B provides a jury of six on a written demand, and in the Superior Court, Mass. R. Civ. P. 38 requires the demand no later than 10 days after the last pleading on the issue. Failing to demand a jury waives it.

Q: Can a civil case and a criminal case come from the same car accident?

A: Yes. A driver can be prosecuted for a crime such as operating under the influence and also sued by the injured person for damages. The criminal case is the Commonwealth’s; the civil claim belongs to the injured person, who does not need to wait for the criminal case to finish before pursuing it, subject to the civil deadline.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This page is general information about Massachusetts law for educational purposes. It is not legal advice for your situation and does not create an attorney-client relationship. For advice about your own case, call Jim Glaser Law at (617) JIM-WINS.

Talking to a Lawyer

Choosing the right court, the right deadline and the right claim is most of the work at the start of a civil case, and a mistake on any of the three can cost time or the claim itself. If you have been hurt or have a dispute that may end up in a Massachusetts court, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about Massachusetts law, not legal advice about your situation.