Sued by a debt collector in Massachusetts

About 20 days: that is the usual time to answer a debt lawsuit in Massachusetts. Below: default, defenses, what you can lose and the steps.

Short answer

Massachusetts's deadline is shorter than in most states, so act fast. District or Superior Court: serve your answer within 20 days after you are served (Mass. R. Civ. P. 12(a)). If you don't answer or appear, the plaintiff can ask for a default judgment. A debt older than Massachusetts's time limit for written contracts (6 years) can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

How long you have to answer in Massachusetts

Time to answer
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.
Court self-help
Massachusetts court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Massachusetts's 20 is shorter than most.

In nearby states

If you don't answer in Massachusetts

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).

More Massachusetts rules on collection suits

  • A passive debt buyer that hires licensed collectors or lawyers does not itself need a debt collector license (Dorrian v. LVNV Funding, 479 Mass. 265 (2018), per Trial Court Law Libraries).
  • 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)).
  • 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).

Old debts as a defense in Massachusetts

Massachusetts's time limit to sue is 6 years (M.G.L. c. 260, § 2 (contracts: 6 years); c. 260, § 13; 940 CMR 7.07(24)). On whether a payment restarts 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. 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)).

Check Massachusetts's statute of limitations

After a judgment in Massachusetts

  • Wage limit: Stricter than federal: you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week.
  • Bank account: $2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth).
  • Property: Homestead: $125,000 automatic, or up to $1,000,000 if you record a declaration of homestead (M.G.L. c.

Massachusetts's garnishment rules

If the collector broke the law in Massachusetts

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.

What to do if you are sued in Massachusetts

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Mark your deadline

    In Massachusetts: District or Superior Court: serve your answer within 20 days after you are served (Mass. R. Civ. P. 12(a)).

  3. File a written answer

    Give the answer to the clerk and send a copy to the other side's lawyer. Start with Massachusetts court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Massachusetts's 6 years for written contracts?

  5. Go to every hearing

    Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Where to get free help in Massachusetts

Questions about debt lawsuits in Massachusetts

What is the deadline to respond to a collection lawsuit 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.

What happens if I don't answer a debt lawsuit in Massachusetts?

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).

Is an old debt a defense to a lawsuit in Massachusetts?

Massachusetts's time limit to sue is 6 years (M.G.L. c. 260, § 2 (contracts: 6 years); c. 260, § 13; 940 CMR 7.07(24)). 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)).

Related Massachusetts pages