Debt collectors in Massachusetts

Credit cards: Credit card debt is an action of contract governed by the 6-year period of G.L. c. 260 §2. For a mutual and open account current, accrual is governed by c. 260 §6. No Massachusetts statute in force sets a shorter consumer-debt period (see notes on the pending 'fairness in debt collection' bills).

Payments and acknowledgments: (a) While running: c. 260 §14 preserves the effect of a payment of principal or interest, so part payment restarts the period. Under c. 260 §13 an acknowledgment or new promise counts only if it is in a writing signed by the debtor. (b) After expiry: no Massachusetts statute bars revival. 940 CMR 7.07(24) instead makes it unfair for a creditor to collect, or to seek an acknowledgment or new promise on, a debt it knows or should know is time-barred unless it discloses that the debt may be unenforceable. The regulation's safe-harbor notice tells consumers that a payment can renew the debt and the limitations period, which confirms that revival remains possible.

Judgments: G.L. c. 260 §20: a judgment is presumed paid and satisfied 20 years after it was rendered. Executions: an original execution must issue within 1 year after the party is first entitled to it. Alias or successive executions must issue within 5 years of the prior execution's return day and stay in force 5 years (c. 235 §17). After that window the creditor may move for a new execution or sue on the judgment (c. 235 §19), all subject to the 20-year presumption. There is no renewal beyond 20 years.

Other rules: Pending legislation, NOT enacted as of malegislature.gov bill histories read 2026-11-12: 'An Act relative to fairness in debt collection' (194th General Court). S.2559 passed the Senate 39-0 on 7/17/2025 and was referred to House Ways and Means on 7/21/2025. H.4316 (new draft of H.1275) was reported from Financial Services to House Ways and Means on 7/28/2025. No later actions are shown. As drafted, S.2559 would add G.L. c. 93M §3: a 5-year SOL for consumer debt 'notwithstanding' c. 260 §2, no revival or extension by payment, a ban on creditors, debt buyers and collectors suing or arbitrating after the SOL, and a 10-year life for consumer-debt judgments with one 10-year renewal. Its stated effective date is Jan 1, 2026, applying only to causes accruing after that date. Formal sessions of the 194th ended July 31, 2026; informal sessions run to early January 2027, so re-check before launch. Not verified this session: whether 209 CMR 18.00 (Division of Banks debt-collector regs) has a time-barred-debt provision. The federal FDCPA and Reg F bind third-party collectors in any case. 940 CMR 7.07 was read on Cornell LII because mass.gov returned 403.

• open account: G.L. c. 260 §2; c. 260 §6 (mutual and open account current)
• written contract: G.L. c. 260 §2 (6 yrs); c. 260 §1 (20 yrs for contracts under seal)
• oral contract: G.L. c. 260 §2
• promissory note: G.L. c. 106 §3-118(a) (6 yrs); c. 260 §1 (20 yrs for notes signed before an attesting witness, sued by the original payee)
• judgment: G.L. c. 260 §20; c. 235 §§17, 19
• payment restarts: G.L. c. 260 §§13, 14
• other: 940 CMR 7.07(24) (Attorney General's creditor regulations: disclosure required when collecting time-barred debt; no express suit ban)

Sources: malegislature.gov · law.cornell.edu · malegislature.gov