In Massachusetts, a creditor or debt collector generally has six years to sue you to collect most consumer debts. This six-year deadline comes from the state's general contract statute of limitations, Massachusetts General Laws Chapter 260, Section 2, and it applies to written contracts, oral contracts, credit card balances, open accounts, and most promissory notes. A few debt types follow different clocks, but for the everyday debts that drive collection lawsuits, six years is the rule you need to know.
How long the clock runs in Massachusetts
Massachusetts is simpler than many states because it does not split debts into a long list of different deadlines. Under M.G.L. c. 260, Section 2, actions on contracts that are not under seal must be brought within six years after the cause of action accrues. That single statute sweeps in nearly all consumer debt:
- Written contracts: 6 years.
- Oral (verbal) contracts: 6 years.
- Credit cards and revolving/open accounts: 6 years. Massachusetts courts treat credit card debt as a contract claim, so the standard six-year period governs.
- Promissory notes: generally 6 years under the contract statute (notes governed by the Uniform Commercial Code can differ, so the document itself matters).
Two important exceptions run on different clocks. A claim for the price of goods sold under the Uniform Commercial Code (M.G.L. c. 106, Section 2-725) carries a four-year limitations period. And a debt that has already been reduced to a court judgment is enforceable for 20 years under M.G.L. c. 260, Section 20, and a judgment can be revived before it expires. A small set of obligations executed as a formal instrument "under seal" can also reach 20 years under Section 1, but that is rare in ordinary consumer credit.
When does the clock start?
The limitations period begins when the "cause of action accrues" - in plain terms, when you default. For a one-time debt, that is usually the date of the first missed payment that was never cured. For an open or revolving account such as a credit card, the clock typically starts from the date of your last payment or the date the account went delinquent and was not brought current.
This start date is critical. If the six years has already passed when the collector files suit, the debt is described as "time-barred," and Massachusetts law gives you a complete defense - but, as explained below, only if you raise it. Pinpointing the exact date of first delinquency is often the single most important fact in a collection case, so gather your old statements before assuming a debt is or is not still within the window.
The restart trap: payment and written acknowledgment
This is the rule that catches the most Massachusetts consumers off guard. The six-year clock is not always permanent - certain actions can restart it from zero, giving the creditor a fresh six years.
Massachusetts has a specific statute on this, M.G.L. c. 260, Section 13. It says that a mere acknowledgment or promise to pay is not enough to revive a debt unless it is made in a written instrument signed by the person who owes the money. That written-and-signed requirement is protective - a casual phone admission that "yes, I owe that" should not, by itself, reset the limitations period.
But the same statute contains a crucial carve-out: it "shall not alter the effect of a payment of principal or interest." In other words, making a payment can restart the clock even without anything in writing. If you send a debt collector even a small partial payment on an old, possibly expired debt, you may hand them a brand-new six-year period to sue you. Because of this, practical cautions for Massachusetts consumers include:
- Do not make a "good faith" payment on an old debt before confirming whether the limitations period has already run.
- Do not sign anything acknowledging the debt or promising to pay until you understand the consequences.
- Be careful with recorded calls. While a verbal promise generally must be in writing to revive a debt under Section 13, collectors often try to extract a payment or a written commitment precisely because those can reset the clock.
An expired statute of limitations is a defense you must raise
Here is the part that trips people up most: when the six years has expired, the debt does not vanish, and a collector is not automatically blocked from filing a lawsuit. Under Massachusetts civil procedure, the statute of limitations is an affirmative defense. That means it is your responsibility to raise it. If you are sued on a time-barred debt and you ignore the summons or fail to plead the expired limitations period, the court can enter a default judgment against you anyway - even though you had a winning defense.