# Mass. Gen. Laws ch. 239, sec. 2: Jurisdiction; venue; form of writ > Massachusetts · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S2 ## Section - **Citation:** Mass. Gen. Laws ch. 239, sec. 2 - **Heading:** Jurisdiction; venue; form of writ - **Jurisdiction:** Massachusetts - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MA Code / Part III / Title III / Chapter 239 / Section 2 ## Text Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control. Such person may bring an action in the district court in the judicial district in which the land lies. Such person may bring the action by a writ in the form of an original summons to the defendant to answer to the claim of the plaintiff that the defendant is in possession of the land or tenements in question, describing them, which he holds unlawfully against the right of the plaintiff, and, if rent and use and occupation is claimed, that the defendant owed rent and use and occupation in the amount stated; but, subject to the approval of the supreme judicial court, the judge of the housing court of the city of Boston shall determine the form of the writ in the actions brought in his court. Failure to claim rent and use and occupation in the action shall not bar a subsequent action therefor. The defendant named in a summary process summons and complaint shall not include any minors, and any such minors' names so included shall be expunged from any court record and electronic docket entry. Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control. Such person may bring an action in the district court in the judicial district in which the land lies. Such person may bring the action by a writ in the form of an original summons to the defendant to answer to the claim of the plaintiff that the defendant is in possession of the land or tenements in question, describing them, which he holds unlawfully against the right of the plaintiff, and, if rent and use and occupation is claimed, that the defendant owed rent and use and occupation in the amount stated; but, subject to the approval of the supreme judicial court, the judge of the housing court of the city of Boston shall determine the form of the writ in the actions brought in his court. Failure to claim rent and use and occupation in the action shall not bar a subsequent action therefor. The defendant named in a summary process summons and complaint shall not include any minors, and any such minors' names so included shall be expunged from any court record and electronic docket entry. ## Nearby sections - [Mass. Gen. Laws ch. 239, sec. 1 Persons entitled to summary process](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S1.md) - [Mass. Gen. Laws ch. 239, sec. 1A Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S1A.md) - [Mass. Gen. Laws ch. 239, sec. 2 Jurisdiction; venue; form of writ](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S2.md) - [Mass. Gen. Laws ch. 239, sec. 2A Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S2A.md) - [Mass. Gen. Laws ch. 239, sec. 3 Judgment and execution; costs; appeal](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S3.md) - [Mass. Gen. Laws ch. 239, sec. 4 Storage of property removed; notice of presence and condition of animals; liens and enforcement; penalties](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S4.md) - [Mass. Gen. Laws ch. 239, sec. 5 Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S5.md) - [Mass. Gen. Laws ch. 239, sec. 6 Condition of bond in action for possession after foreclosure of mortgage; after purchase](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S6.md) - [Mass. Gen. Laws ch. 239, sec. 6A Condition of bond after foreclosure of tax title](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S6A.md) - [Mass. Gen. Laws ch. 239, sec. 7 Judgments; effect](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S7.md) - [Mass. Gen. Laws ch. 239, sec. 8 Three years quiet possession; effect](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S8.md) - [Mass. Gen. Laws ch. 239, sec. 8A Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S8A.md) - [Mass. Gen. Laws ch. 239, sec. 9 Stay of proceedings](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S9.md) - [Mass. Gen. Laws ch. 239, sec. 10 Stay of proceedings; hearings](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S10.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C239_S2. Check the current official text before relying on it. Not legal advice.