Massachusetts Court Filing Fees and Fee Waivers: What You Need to Know

Massachusetts courts charge mandatory filing fees that vary by court division, case type, and relief sought. These fees can represent a significant financial barrier for low-income litigants, making the fee waiver process — governed by Massachusetts General Laws and court standing orders — a critical component of civil access to justice. This page documents the fee schedule structure across the Massachusetts court system, the mechanics of the waiver application process, and the eligibility thresholds that determine whether fees are reduced or eliminated.

Definition and scope

Court filing fees in Massachusetts are statutory charges assessed at the point of initiating or responding to civil litigation. They are authorized under Massachusetts General Laws Chapter 262, which sets the schedule of fees for clerks of court, and are administered by the Trial Court's individual divisions. The Trial Court encompasses the Superior Court, District Court, Housing Court, Probate and Family Court, Land Court, Juvenile Court, and Boston Municipal Court — each of which maintains its own fee schedule calibrated to the types of actions it handles.

Fee waivers — formally designated as Indigency Determinations — are governed by Massachusetts General Laws Chapter 261, Sections 27A through 27G, which establish both the eligibility framework and the procedural rights of petitioners. The Massachusetts Trial Court has published Uniform Summary Process Rules and court-specific standing orders that supplement the statutory scheme.

Scope of this page: This page covers fees and waivers applicable to civil filings in Massachusetts state courts. It does not address federal court filing fees — those are set by 28 U.S.C. § 1914 and administered by the U.S. District Court for the District of Massachusetts. Criminal filing fees and fees associated with appeals to the Massachusetts Appeals Court or Supreme Judicial Court are adjacent topics addressed in the Regulatory Context for the Massachusetts Legal System. Administrative tribunal fees (e.g., fees before the Division of Administrative Law Appeals) are also outside this page's coverage.

For a full map of the Massachusetts court structure and how fee obligations arise at each level, see Massachusetts Legal Services Authority.

How it works

Fee assessment

Filing fees are due at the time a pleading, petition, or complaint is submitted to the clerk's office. The fee amount depends on four primary variables:

  1. Court division — Superior Court fees are higher than District Court fees for comparable civil claims.
  2. Case type — Contract, tort, equity, summary process (eviction), probate, and domestic relations cases each carry distinct fee schedules.
  3. Amount in controversy — Civil filing fees in Superior Court scale with the claimed damages; as of the schedule published by the Massachusetts Trial Court, a complaint claiming over $50,000 carries a base entry fee of $275, while claims in the $25,001–$50,000 range carry a $195 fee.
  4. Nature of relief — Injunctive or equitable relief, appeals from administrative agencies, and jury demands each attract additional fees.

District Court civil filing fees for claims up to $25,000 start at $135 (Massachusetts Trial Court Fee Schedule). Small claims filings — which have a jurisdictional cap of $7,000 under M.G.L. Chapter 218, Section 21 — carry fees ranging from $30 to $150 depending on the amount claimed. More detail on small claims procedure appears at Massachusetts Small Claims Court.

Fee waiver process

Under M.G.L. Chapter 261, §§ 27A–27G, a party who cannot afford fees may file an Affidavit of Indigency (Trial Court Form AFFIDAVIT OF INDIGENCY, available from court clerk offices and on the Massachusetts Trial Court website). The process follows these discrete steps:

  1. Submission — The affidavit is filed simultaneously with the pleading or motion. The clerk cannot reject a filing solely because fees are unpaid if an affidavit is submitted.
  2. Automatic waiver — Applicants receiving certain public benefits (MassHealth, TAFDC, EAEDC, SSI, or Emergency Aid to Elderly) qualify for an automatic waiver without further inquiry.
  3. Income-based review — For other applicants, the clerk or judge evaluates whether gross household income falls at or below 125% of the Federal Poverty Level. At 125% FPL, fees are waived entirely; income between 125% and 187% FPL may result in partial waiver.
  4. Judicial review — If the clerk denies the affidavit, the applicant may seek immediate review by a judge. The statute at §27D requires the court to act on such requests promptly.
  5. Costs beyond fees — The waiver can extend to costs of service of process, expert witness fees, and transcript costs, subject to judicial approval.

Common scenarios

Eviction defense (Summary Process): A tenant in Housing Court facing a summary process action pays no initial filing fee as a defendant. However, if asserting a counterclaim, a filing fee applies unless a waiver is granted. The Massachusetts Housing Court administers its own standing orders on indigency.

Divorce and family law matters: Probate and Family Court charges a $200 entry fee for a Complaint for Divorce under an uncontested 1B divorce, and $215 for contested 1A proceedings (Massachusetts Trial Court Fee Schedule). Parties meeting the income threshold can waive this. Related family law fee structures are documented at Massachusetts Family Law and Massachusetts Probate and Family Court.

Pro se civil plaintiffs: Self-represented litigants navigating Superior Court face the highest fee exposure. A plaintiff filing a tort claim for $150,000 in Superior Court owes $275 at filing plus a $20 jury claim fee. The process for unrepresented parties is addressed at Pro Se Representation in Massachusetts.

Land Court filings: Registration cases and complaints to establish title carry unique Land Court fees — a complaint to establish title starts at $310 (Massachusetts Trial Court Fee Schedule). See Massachusetts Land Court for jurisdiction-specific detail.

Landlord-tenant fee contrast: Landlords initiating summary process in Housing Court pay a $180 filing fee for a residential eviction action. Tenants who are defendants pay no entry fee, creating an asymmetric cost structure that the waiver statute does not directly address for plaintiffs.

Decision boundaries

Automatic waiver vs. income-based waiver: The critical distinction under M.G.L. Chapter 261, §27C is between categorical eligibility (receipt of enumerated public benefits) and means-tested eligibility (income at or below 125% FPL). Categorical eligibility requires no judicial discretion; income-based eligibility permits the clerk to request documentation.

Full waiver vs. partial waiver: Income between 125% and 187% of FPL does not guarantee a full waiver. Partial waivers reduce but do not eliminate fees; the statutory framework gives courts discretion in this band.

Trial court vs. appellate fees: M.G.L. Chapter 261 waivers apply to Trial Court proceedings. Filing an appeal to the Massachusetts Appeals Court triggers a separate $300 entry fee and a distinct waiver application process. The indigency determination made at the trial level does not automatically carry forward on appeal.

Fee waivers vs. cost bonds: Certain actions — such as appeals from administrative decisions or requests for preliminary injunctions — may require cost bonds in addition to filing fees. A fee waiver under Chapter 261 applies to statutory fees; it does not automatically waive bond requirements absent a specific judicial order.

What fee waivers do not cover: Waiver orders do not relieve a party of attorney's fees awarded to an opposing party, do not affect sanctions under Massachusetts Rules of Civil Procedure, Rule 11, and do not apply to privately retained arbitration or mediation costs in Massachusetts Alternative Dispute Resolution proceedings.

Litigants seeking legal aid resources to navigate fee structures should consult Massachusetts Legal Aid Resources.

References

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