While a traditional civil lawsuit usually takes at least three years, cases in the Boston small claims court are usually completed within two months, and avoid the huge legal bills often associated with traditional lawsuits. The plaintiff can recover an unlimited amount on a claim arising from damage caused by an automobile. The pros and cons of filing a small claims action A small claims action is not appropriate in every case. A small claims court awards only money damages and cannot issue an injunction requiring the defendant to discontinue an offensive behavior or to take some affirmative action. Nor can the court in a small claims action award punitive damages.
Discovery is more limited in a small claims action than in a traditional lawsuit.
Finally, if the plaintiff believes that he is more likely to succeed if his claim is considered by a jury than by a judge, this weighs against filing a small claims action because, by doing so, the plaintiff waives his right to a jury trial. An action is commenced by filling out and signing a Statement of Claim and Notice form which names the parties and provides statement of the plaintiff's claim. The Statement of Claim is sent via certified and regular mail to the defendant to notify him that he is being sued. If the defendant settles the case, the plaintiff should notify the court so that the case can be dismissed. If the defendant defaults on the claim by not attending the trial hearing, the plaintiff is nevertheless required to prove his case to the court.