Statute of Limitations on Debt in Massachusetts: 6 Years, and the AG's Old-Debt Rules

Massachusetts gives creditors six years to sue on contract claims, which covers most consumer debts [1]. Once that deadline passes, the debt is time-barred . What makes Massachusetts different is how much the Attorney General’s debt collection rules protect you while a collector is chasing an old account [3][4].

The six-year rule

Massachusetts law says contract actions must be brought “within six years next after the cause of action accrues” [1]. For a credit card or loan, the clock usually starts when you default, often the first missed payment that you never caught up on. The exact start date depends on your account.

If a creditor wins a lawsuit before the deadline, the result is a judgment, which lasts much longer. Massachusetts presumes a judgment paid and satisfied 20 years after it was entered [2].

The Attorney General’s old-debt warning

Massachusetts adds its own rules. Under the Attorney General’s regulations, a creditor that knows a debt is past the statute of limitations can’t try to collect it, or ask you to admit it or promise to pay, unless it tells you the debt may not be enforceable through a lawsuit [3].

The regulation gives the standard wording. In short, it tells you [3]:

• the debt may be too old for you to be sued on it in court;
• if it’s too old, you can’t be required to pay it through a lawsuit;
• you can renew the debt and the deadline to sue if you make any payment, sign a paper admitting you owe it or promising to pay, or sign away your right to stop a lawsuit;
• the debt may still affect your credit.

In letters, this notice must be on the front page in at least 8-point type. On a call, it must come right before or right after the first request for payment [3].

Limits on calls and visits

The Attorney General’s rules also limit how hard a creditor can push, for each debt [4]:

• Calls, texts and recorded messages: no more than two in each seven-day period to your home phone or cell phone, and no more than two in 30 days to other numbers. Calls you ask for don’t count.
• Time of day: no calls outside your normal waking hours. If the creditor doesn’t know them, calls are limited to 8 a.m. to 9 p.m. Eastern time.
• Home visits: no more than one in any 30-day period, unless you agree in writing.
• Work: no calls to your job after you ask them to stop. A spoken request lasts 10 days unless you confirm it in writing within seven days, so put it in writing. No visits to your workplace unless you ask.

If you’re sued on an old debt

Collectors can’t sue or threaten to sue once the deadline has passed, and suing on a time-barred debt violates the federal Fair Debt Collection Practices Act [6]. But courts don’t usually check the deadline for you. It’s normally up to you to raise it [6].

Read the papers, answer by the deadline, and say the debt is too old. If you don’t respond, the court can enter a judgment against you even on a time-barred debt [6].

The credit report clock is different

How long a debt can appear on your credit report is a separate federal rule. Under the Fair Credit Reporting Act, collection and charged-off accounts generally can’t be reported once they’re more than seven years old, with the seven years starting 180 days after the delinquency began [5]. Paying, settling or being sued doesn’t reset that date. Accurate negative information can stay for the full period.

For more on reporting periods, see our sister site’s guide to how long negative items stay on a credit report on BestAmerica. If an old account is still on your report after its time is up, you can dispute it with the credit bureaus for free.

Where to get help

• Massachusetts Attorney General: enforces the debt collection regulations described above [3][4].
• Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [6].
• A consumer attorney or legal aid: worth a call if you’re sued, especially on an old account.