Statute of limitations on debt in Massachusetts

6 years to sue on a written contract or an open account (M.G.L. c. 260, § 2 (contracts: 6 years); c. 260, § 13; 940 CMR 7.07(24)).

Short answer

An acknowledgment or new promise only restarts the time limit if it is in a writing signed by you (M.G.L. c. 260, § 13). The AG's required time-barred notice also warns that making any payment can renew the debt (940 CMR 7.07(24)). Collectors must also warn you about old debts: Creditors and collectors must give a specific written and oral notice before collecting a debt they know or should know is time-barred (940 CMR 7.07(24)).

Written contracts
6 years
Open accounts and unwritten agreements
6 years
Notice that a debt is too old?
Yes

Massachusetts's time limits to sue on a debt

Law
M.G.L. c. 260, § 2 (contracts: 6 years); c. 260, § 13; 940 CMR 7.07(24)
Official text
Read the law

With 6 years, Massachusetts shares the most common limit in our 48 state guides (22 states). For comparison, the written-contract limit is 10 years in Rhode Island, 6 years in Connecticut, 3 years in New York and 6 years in Vermont.

Your rights against collectors in Massachusetts

  • Collection lawsuits on credit card (revolving) debt must include papers about the debt and a certification that the time limit has not run out (Mass. R. Civ. P. 8.1).

If a collector crosses the line: Through the Consumer Protection Act. A violation of c. 93, § 49 is an unfair or deceptive act under c. 93A. You must first send a written demand letter at least 30 days before suing. You can get actual damages or $25, whichever is more; 2 to 3 times that for willful or knowing violations; plus attorney's fees (M.G.L. c.

Does paying restart the time limit in Massachusetts?

An acknowledgment or new promise only restarts the time limit if it is in a writing signed by you (M.G.L. c. 260, § 13). The AG's required time-barred notice also warns that making any payment can renew the debt (940 CMR 7.07(24)).

More Massachusetts rules on old debts

  • Before trying to collect a debt it knows is time-barred, a creditor must tell you the debt may be too old to sue on and that a payment or signed promise could renew it (940 CMR 7.07(24)).

Must a collector say a debt is too old in Massachusetts?

Yes. Creditors and collectors must give a specific written and oral notice before collecting a debt they know or should know is time-barred (940 CMR 7.07(24)).

Is my debt too old? Check Massachusetts's time limit

Massachusetts: 6 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Massachusetts

The time limit protects you only if you raise it, so answer on time. In Massachusetts: District or Superior Court: serve your answer within 20 days after you are served (Mass. R. Civ. P. 12(a)). Small claims: go to the hearing on the date in the notice.

If you don't answer or appear, the plaintiff can ask for a default judgment. For credit card debts, special default rules apply (Mass. R. Civ. P. 55, 55.1).

What to do if you are sued in Massachusetts

Steps for an old debt in Massachusetts

  1. Don't pay or sign yet

    In Massachusetts: An acknowledgment or new promise only restarts the time limit if it is in a writing signed by you (M.G.L. c. 260, § 13). The AG's required time-barred notice also warns that making any payment can renew the debt (940 CMR 7.07(24)).

  2. Ask the collector for proof

    Send a dispute letter within 30 days of the validation notice.

  3. Check the collector's license

    A collector working in Massachusetts needs a license. Search: Official license lookup.

  4. Complain about a suit on a time-barred debt

    Report it to Massachusetts Attorney General – Consumer Advocacy & Response Division and to the CFPB at consumerfinance.gov/complaint. Phone: 617-727-8400.

Old debts and your credit report

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). All the federal rules: time-barred debt guide.

Where to get free help in Massachusetts

Questions about old debts in Massachusetts

When does a debt become too old to sue on in Massachusetts?

6 years for written contracts and 6 years for open accounts and unwritten agreements (M.G.L. c. 260, § 2 (contracts: 6 years); c. 260, § 13; 940 CMR 7.07(24)).

Does paying on an old debt restart the clock in Massachusetts?

An acknowledgment or new promise only restarts the time limit if it is in a writing signed by you (M.G.L. c. 260, § 13). The AG's required time-barred notice also warns that making any payment can renew the debt (940 CMR 7.07(24)).

Must a collector tell me a debt is too old to sue on in Massachusetts?

Yes. Creditors and collectors must give a specific written and oral notice before collecting a debt they know or should know is time-barred (940 CMR 7.07(24)).

Related Massachusetts pages