Hannah Locklear | June 24, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: You have 20 days to respond to a debt lawsuit in Massachusetts to avoid a default judgment. To respond, you should answer each issue from the Complaint, assert your affirmative defenses, and file the Answer document with the court. SoloSuit can help with each of these steps and more.
If you've ever felt the anxiety of a phone call, only to discover it's a debt collector, you're not alone. Dealing with these collectors can be stressful, and being sued for a debt can be even worse.
Let's face it, when you're already struggling to make ends meet, the thought of hiring a lawyer can seem unrealistic. After all, if you had the money for that, you probably would have paid off your debt in the first place, right?
But don't worry, you don't have to go through this alone. In Massachusetts, there are laws in place to protect you. In this article, we'll go over the process of responding to a debt lawsuit and answering a Summons for debt collection in Massachusetts. We’ll cover state-specific requirements, like the deadline, forms, laws, and more.
So sit back, relax, and let's get started.
Sued for debt in Massachusetts? SoloSuit can help you file an Answer into your case before the 20-day deadline.
Start my Answer.Debt collection lawsuits can be intimidating, but don't worry! Knowing the laws and deadlines can make all the difference. Let's break it down.
In Massachusetts, a creditor can start a court action by serving you with a Summons and Complaint. This is the legal way of saying, "Hey, pay up." If you don't respond within 20 days, the creditor can get a default judgment against you. And let's be real, no one wants that.
That’s right: you have 20 days to respond to a debt lawsuit in Massachusetts.
But fear not! You have the power to fight back. Just by filing an Answer within the 20-day deadline, you can throw a wrench in the creditor's plans. They want to collect their money as easily and cheaply as possible, without going to court. By making them go through the court process, you're already making it harder for them to win.
So, mark your calendars, set a reminder on your phone, and make sure you file that Answer on time. Don't let the creditors win simply because they're hoping you don't respond. Remember, the clock starts ticking as soon as you're served, even on weekends and holidays. And trust me, the creditor doesn't want to pay for an attorney any more than you do.
So, don't be afraid to stand up for yourself and fight back. Show them you're not going down without a fight!
When it comes to answering a lawsuit in Massachusetts, you've got options. If you're being sued in either District or Superior Court, you'll need to file an Answer. But even if you're in Small Claims Court Massachusetts, (for matters less than $7,000), it's still a good idea to respond and tell your side of the story. The good news is, you don't have to do it alone.
SoloSuit’s Answer form is the easiest way to respond to your Massachusetts debt lawsuit. All you have to do is respond to a few questions about your case online, and SoloSuit’s software drafts an Answer for you. This form includes the proper legal wording and formatting so you can present the strongest case.
Massachusetts courts also provide an Answer to a Summons form, which you can find along with other helpful forms for debt relief on their website. You can fill it out online, in a word or pdf document, and follow the instructions to make sure you're doing it right.
So, whether you're a DIY type or prefer to leave it to the pros, don't ignore that lawsuit. Answer up and show 'em what you're made of.
In Massachusetts, when you're sued by a creditor (or plaintiff, if we're using fancy legal terms), they'll hit you with two documents - the Summons and Complaint. The Summons kicks off the lawsuit and the Complaint lays out the creditor's argument against you. You've got 20 days to respond, or else you lose by default (and nobody likes to lose).
You can respond in one of two ways - file an Answer or file a Motion. But let's be real, filing an Answer is usually the way to go. To do that, you'll need to tackle three steps:
Below, we’ll break down each of these steps in detail.
Now, I know what you're thinking - "ugh, this all sounds like a lot of work." And you're not wrong! But luckily, there are some tools out there to help you out. SoloSuit is one of them. Our software can help you draft and file an Answer in a matter of minutes. Watch this video to learn more about the three steps above and how SoloSuit can help:
Responding to a Complaint isn't as hard as it might seem.
The Complaint will lay out each issue in a numbered paragraph. You can respond with "agree," "disagree," or "I don't know." Don't forget to match each response with the corresponding paragraph number.
Many lawyers suggest using a general denial because it shifts the burden of proof to the filing party. If the information is accurate, choose "agree." For example, you could admit to your identity and the fact that you owe the debt. Remember, you don't need to deny every claim to win. Next, deny any false assertions, such as the debt amount or whether you owe it at all.
Just make sure to respond within 20 days under Massachusetts law, or you'll risk losing by default. Nobody wants that - except maybe your opponent.
Are you ready to turn the tables and defend yourself against the party suing you? Good news: you have the chance to do just that with affirmative defenses!
With SoloSuit, you'll be able to choose the right defense for you and list it in your Answer. Let's go over some typical defenses you can use to fight back:
But wait, there's more! You can also assert counterclaims if you believe the party suing you has violated Massachusetts debt collection laws. Just check the box next to any that apply, fill out your explanation, and attach any supporting documents. Keep in mind that you'll need to prove your counterclaims at trial, so choose wisely. Don't forget to fill out a Statement of Damages District Court Massachusetts form, stating how much money you believe is appropriate for your damages if you can prove your counterclaim(s).
Remember, you only have 20 days to respond to the Summons and Complaint, so don't delay in using SoloSuit to craft your response.
Filing your Answer with the court and serving the plaintiff is the final step in responding to a debt collection lawsuit, but it's just as important as every other step you've taken so far. Luckily, SoloSuit can handle this step for you, so you can focus on more important things, like catching up on your favorite Netflix series.
It's crucial to file and serve your Answer on time, even if you've crafted the best response to the lawsuit ever written. Massachusetts law requires that you file and serve your Answer within twenty days of being served with the Complaint. Don't let procrastination ruin your defense strategy!
To file and serve your Answer, you'll need to complete a few easy steps:
Now that you've filed and served your Answer, all that's left to do is wait for the court to set your hearing date. In the meantime, reward yourself for a job well done by ordering takeout from your favorite local restaurant or treating yourself to a new pair of comfy pajamas.
Let's consider an example of how to resolve a debt lawsuit in Massachusetts.
Example: Bob falls behind on his credit card bills, and his creditor charges off the account and sells it to LVNV Funding. LVNV Funding decides to sue Bob for $5,000. When Bob receives the Summons and Complaint in the mail, he uses SoloSuit to respond with an Answer before the 20-day Massachusetts deadline. This gives Bob time to make a settlement plan. Next, he uses SoloSettle to send a settlement offer to LVNV Funding. Since he owes $5,000, Bob sends an initial offer of $2,500. LVNV considers Bob’s offer and decides to counter with $#4,500. After a few rounds of negotiations, they reach a settlement at $3,000. After preparing and signing a settlement agreement, SoloSettle transfers Bob’s money to LVNV, keeping his financial information private and secure. LVNV Funding drops the case against Bob, and he is finally off the hook. He saves thousands, avoids going to court, and gives himself a financial reset.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
In Massachusetts, the statute of limitations for debt collection is six years, as provided by Mass. Gen. Laws ch. 260, §2. This means that creditors and debt collectors only have six years from the date of last payment or activity on an account to sue debtors for outstanding debt in Massachusetts. It also means that the Massachusetts statute of limitations on credit card debt is just six years too.
The table below further illustrates the statute of limitations on different types of debt in Massachusetts:
Debt Type | Deadline |
---|---|
Credit Card | 6 years |
Medical | 6 years |
Student Loan | 6 years |
Auto Loan | 6 years |
Personal Loan | 6 years |
Mortgage | 6 years |
Contract Under Seal | 20 years |
Promissory Note | 20 years |
Judgment | 20 years |
Source: Mass. Gen. Laws ch. 260 § 1, 2, |
So, if you're feeling a bit nostalgic for the days when you had less debt, make sure to keep track of the last time you made a payment or had any account activity. And if a debt collector comes knocking after six years have passed, don't be afraid to use the statute of limitations defense to keep them at bay!
Be careful not to make any payments on a debt until you know it is within the statute of limitations in your state. Doing so will reset the clock, and you might find yourself in court when you could have otherwise avoided it.
Many creditors and debt collectors would prefer to settle debt quickly, even if it means settling for less than the full amount. Here’s how you can work toward negotiating with creditors and collectors to settle debt in Massachusetts.
Never ignore a summons to a debt collection lawsuit. Instead, file an Answer with the local courts, which will be an official declaration of your intent to fight the lawsuit. Act quickly because some jurisdictions give you as little as 14 days to file your Answer, after which you’ll lose the case due to a default judgment.
How do you file an Answer? SoloSuit can help. Just fill out the online questions to draft your Answer, then print it out and send it to the local court. Better yet, SoloSuit can file the Answer on your behalf. You can also ask us to have an attorney review your Answer for total peace of mind.
To settle your debt, you and your creditor/debt collector will have to arrive at a mutually agreeable debt settlement amount. Start negotiating by agreeing to pay 60% of your current debt. Don’t worry if your first offer is rejected. Your goal is simply to start the negotiation process until you’re able to settle your debt for less.
SoloSuit has helped countless consumers settle their debt by using SoloSettle. This online tool serves as the “middleman” between you and your debt collector, allowing you to negotiate a settlement without interacting with them directly. SoloSettle will even handle the payment process once a settlement has been reached.
Start negotiating to settle your debt with the help of SoloSettle.
Once you reach a debt settlement, insist on getting the settlement agreement in writing. This agreement will document the settlement amount and any payment information. Having this information in writing will protect you from any additional debt collection activities by your creditor or debt collector.
To learn more about how SoloSettle can help you settle your debt for good, watch this video:
Creditors and debt collectors have the right to pursue you for unpaid debt. However, state and federal laws restrict their collection activities. Here are some of the most relevant Massachusetts debt collection laws.
Under Massachusetts law, only certain people can collect on debt. Your original creditor may collect debt without requiring additional licensing. But lawyers and third-party debt collectors/purchases are required to have a license under Massachusetts law MGL c. 93, § 24(a).
At the federal level, consumers are protected by the Fair Debt Collection Practices Act (FDCPA). Under this law, debt collectors are prohibited from such actions as:
To be clear, these restrictions apply only to debt collectors — not your original creditors. If you believe your rights have been violated, you can contact the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB).
At the state level, Mass. Gen. Laws ch. 93 § 49 prohibits debt collectors from interacting in ways intended to “harass or embarrass the alleged debtor.” These restrictions largely mirror the FDCPA, protecting you from:
But while the FDCPA applies only to third-party debt collectors, Massachusetts’ restrictions apply to your original creditor as well.
Debt collectors cannot sue you for debt past a certain date. This is known as the “statute of limitations,” which varies from state to state. According to Massachusetts General Laws Ch. 260 §1 and §2, the statute of limitations for most consumer debts is six years. But the statue of limitations may be longer for other forms of debt (see table above).
Your debt doesn’t magically disappear once this period expires. But at least you’ll be safe from legal action on the part of the debt collector.
Keep in mind that the statute of limitations begins with the date of your most recent payment — not the date of the original debt. That’s why it’s important to verify your debt (and its age) before interacting further with the debt collector.
Some debt collectors may pressure you to make a payment to keep your account active. But this just resets the clock, giving the debt collector the full window of time to take you to court.
Debt collectors can seize assets to pay your debt. However, according to MGL c.235, § 34, collectors are prohibited from seizing certain assets. This includes:
Thus, even if you owe a large debt, some of your possessions are protected from the debt collection process.
What are your debt relief options in Massachusetts? Consider some of the following options to resolve debt quickly or learn to improve your financial situation.
When you refinance a loan, you’re basically exchanging your current loan with a new one. The goal is to either reduce your monthly interest payments or extend your loan period so your monthly payments are smaller.
However, if you want lower interest rates, you’ll need a solid credit score. And if you shrink your monthly payments by extending your loan, you could end up paying more in interest over the lifespan of your loan. Still, it’s a valid way to manage debt and can potentially improve your credit as long as you make consistent payments.
Consolidating debt means combining multiple monthly payments into a single loan. Ideally, your new loan will have a lower interest rate or better loan terms that help you make your payments each month or get out of debt faster.
The downside? You’ll generally need solid credit to secure a favorable interest rate. And if your new loan takes years to pay off, you could be strapped with debt for some time.
Some credit card providers offer something called a “balance transfer card.” These cards allow you to transfer your credit card debt to this card. Many providers offer promotional rates, such as 0% APR for the first year. If you can pay off your debt within this promotional period, you can eliminate debt while paying no interest.
Keep an eye out for penalties. Some providers will revoke promotional interest rates after a single missed payment, leaving you on the hook for the full rate of interest. But as long as you stick to your card provider’s terms, this method can be great for small amounts of credit card debt.
A credit counseling service can help you develop a budget and create a debt management plan. In some cases, they may work with your creditor as well to ensure a manageable payment plan — though creditors are under no obligation to participate.
Massachusetts provides a list of approved credit counseling agencies. Stick to this list if possible, which will help you avoid scams or illegitimate services.
Massachusetts residents also have access to assistance programs that include:
While these programs don’t uniquely tackle debt, they can provide financial assistance that can save you from having to file bankruptcy.
Is bankruptcy an option? For some, Chapter 7 or Chapter 13 may be a last resort. Chapter 7 bankruptcy will discharge your debts instantly — though your assets may be liquidated to cover your debts. Both options will remain on your credit report for up to ten years, which is why this approach should only be used after exhausting all other options.
To learn more about bankruptcy, we talked to a licensed attorney about its benefits compared to other debt relief ooptions like debt consolidation and settlement. Check out the full conversation in the video below.
If you’ve been named in a debt collection lawsuit, it’s important to stay on top of proceedings. Follow these steps to check the status of your court case in Massachusetts.
The Massachusetts court system exists in the following hierarchy:
If you are a resident of Boston, your debt collection case will be heard by the Municipal Court. In all other counties, your case will be heard in the District Court. However, if the debt exceeds $50,000, your case will be heard in the Superior Court. This will be important in helping you locate your court records.
Each court case is assigned a unique number. You should be able to find this number listed on your trial documents. If not, you can visit the courthouse and ask the court clerk to find the case number for you. You can also find the number online by using the Massachusetts trial court case access and the name or case search option.
You can locate the courthouse that’s hearing your case by using the Massachusetts Court System Locations page. Once you locate the courthouse, you can visit in person, complete a records request form, and submit it to the court clerk.
Some courthouses may offer public access terminals for convenience. If you want paper copies, you may have to pay a small fee for printing.
You can access case information using the Massachusetts Trial Court Electronic Case Access tool. Searching by case number is the easiest, though you can also find records based on the case type or the names of those involved in the case.
What happens if you lose a debt collection lawsuit? You’ll receive a judgment against you, which may give your debt collector the right to garnish your wages. This means that a portion of your paycheck will automatically go toward your debt until you’ve paid what you owe.
However, debt collectors are unable to garnish your wages without a court order. Even then, Massachusetts wage garnishment laws protect consumers .
Under Mass. Gen. Laws ch. 246 § 28, creditors can only garnish your wages for the lesser of:
Currently, Massachusetts minimum wage is $15.00 per hr, so the above calculation would be based on the state minimum wage. “Disposable income” refers to the part of your salary that remains after subtracting required withholdings (e.g., state and federal taxes), though it does not include voluntary contributions to retirement or healthcare plans.
The surest way to avoid wage garnishment is to push back against a debt collection lawsuit. Unfortunately, too many consumers lose their cases to default judgment. Make sure to file an Answer with the courts quickly to avoid a default judgment. Then, you can work to settle your debt and prevent yourself from facing wage garnishment.
Use SoloSuit today to file an Answer with the court.
In the United States, there are numerous government-funded organizations that offer free legal services to individuals who cannot afford to hire a lawyer. These organizations can provide assistance with debt collection cases or connect you with a local lawyer who can help. Some of the resources available in Massachusetts include:
So, if you're feeling overwhelmed by debt and can't afford a lawyer, don't panic! Help is available, and these organizations are here to support you.
Find your local court below to start the process of drafting and filing an Answer to your Massachusetts debt collection lawsuit.
So, in short, here's the review on how to respond to a Summons for debt collection in Massachusetts.
Make certain you know the deadline and complete the process before it expires. Massachusetts' debt collection regulations allow 20 days to file your response. SoloSuit’s Answer form makes responding before the deadline simple.
Make certain you are using the proper Massachusetts Answer form, or SoloSuit.com, to draft your response. When you fill out the form complete the following three steps:
If you know you owe the debt, and you have enough money to settle a portion of it right away, use SoloSettle to send and receive settlement offers until you reach an agreement with your creditor.
Good Luck!
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"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather