Massachusetts debt statute of limitations

Massachusetts limitation periods by type of debt

Massachusetts sets a single 6-year period for contract debts, express or implied.

What the Massachusetts statute says

“Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.”
Mass. Gen. Laws ch. 260, § 2

Does paying restart the clock in Massachusetts?

An acknowledgment or promise only counts if it is in a signed writing (Mass. Gen. Laws ch. 260, § 13).

“No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby.”
Mass. Gen. Laws ch. 260, § 13

Massachusetts’s own debt collection law

Mass. Gen. Laws ch. 93, § 49 bars creditors, their attorneys and assignees from collecting consumer debts from Massachusetts residents in an unfair, deceptive or unreasonable manner, and lists specific prohibited conduct.

“No one who is a creditor or an attorney for a creditor, or an assignee of a creditor, of a natural person present or residing in Massachusetts who has incurred a debt primarily for personal, family or household purposes shall collect or attempt to collect such debt in an unfair, deceptive or unreasonable manner.”
Mass. Gen. Laws ch. 93, § 49

If a creditor wins a judgment in Massachusetts

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Massachusetts rules take over.

How long a judgment lasts

In Massachusetts, a court judgment is presumed paid and satisfied twenty years after it was rendered.

“A judgment or decree of a court of record of the United States or of any state thereof shall be presumed to be paid and satisfied at the expiration of twenty years after it was rendered.”
Mass. Gen. Laws ch. 260, § 20

Wage garnishment

When a debtor's wages are attached in Massachusetts, the greater of 85% of gross weekly wages or 50 times the higher of the federal or Massachusetts hourly minimum wage is exempt and must be paid to the debtor.

“If wages for personal labor or personal services of a defendant are attached for a debt or claim, an amount not exceeding the greater of 85 per cent of the debtor's gross wages or 50 times the greater of the federal or the Massachusetts hourly minimum wage for each week or portion thereof”
Mass. Gen. Laws ch. 246, § 28

Money in a bank account

In Massachusetts, $2,500 of a natural person's money in a bank or credit union account is exempt from attachment by trustee process, and the bank answers only for money above $2,500; a person gets only one $2,500 exemption at a time.

“Twenty-five hundred dollars of any natural person in an account in a trust company, savings bank, cooperative bank, credit union, national banking association or other banking institution doing business in the commonwealth shall be exempt from attachment by trustee process.”
Mass. Gen. Laws ch. 246, § 28A

Small claims court

Massachusetts small claims procedure covers contract or tort claims (other than slander and libel) of up to $7,000, with exceptions such as motor vehicle property damage claims and certain municipal actions.

“for the determination, according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages more than $7,000”
Mass. Gen. Laws ch. 218, § 21

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Massachusetts treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Massachusetts?

6 years for credit-card debt and 6 years on a written contract, under Mass. Gen. Laws ch. 260, § 2. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Massachusetts?

An acknowledgment or promise only counts if it is in a signed writing (Mass. Gen. Laws ch. 260, § 13).

Does Massachusetts have its own debt collection law?

Mass. Gen. Laws ch. 93, § 49 bars creditors, their attorneys and assignees from collecting consumer debts from Massachusetts residents in an unfair, deceptive or unreasonable manner, and lists specific prohibited conduct. (Mass. Gen. Laws ch. 93, § 49).

How long does a court judgment last in Massachusetts?

In Massachusetts, a court judgment is presumed paid and satisfied twenty years after it was rendered. (Mass. Gen. Laws ch. 260, § 20).

How much of my pay can be garnished in Massachusetts?

When a debtor's wages are attached in Massachusetts, the greater of 85% of gross weekly wages or 50 times the higher of the federal or Massachusetts hourly minimum wage is exempt and must be paid to the debtor. (Mass. Gen. Laws ch. 246, § 28).

What if I am sued on an old debt in Massachusetts?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.