Debt Collection Laws in Massachusetts

Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: When debt collectors come knocking, Massachusetts state laws and federal laws protect you If you find yourself being pursued by such a debt collection agent or agency, there are legal protections under both Massachusetts law and federal law designed to protect you while engaging with a debt collector about a delinquent account.

Dealing with constant calls, threats in the mail, and intimidation from a shady debt collector is really terrible. Massachusetts residents and others shouldn't despair though. State and federal laws offer protection and rules when dealing with debt collectors.

This article provides a comprehensive overview of debt collection laws in Massachusetts, including laws pertaining to the statute of limitations.

Sued for debt in Massachusetts? Settle it once and for all with SoloSettle.

Settle with SoloSettle

Make an Offer

Massachusetts debt collection were created with the consumer in mind

Under Massachusetts law, specifically Mass. Gen. Laws ch. 93 § 49, debt collectors are not allowed to communicate with consumers in such a manner as to “harass or embarrass the alleged debtor.” The statute lists specific actions deemed to be improper and a violation of Massachusetts law:

Communicating with a consumer at an unreasonable hour;
Attempting to communicate with a consumer at an unreasonable frequency; and
Using threats of violence, offensive language, or making threats to take some action which the creditor doesn't take in the usual course of business.

In addition, pursuant to Massachusetts law, the only individuals and entities eligible to engage in debt collection include the following:

Creditor(s) - This is the individual or entity that is actually owed the money. If a consumer borrows money from credit unions or banks, they become your creditors. Creditors typically do not need a license to collect a debt owed, but they must follow the Massachusetts laws and regulations.
Debt Collector(s): These are third-party agencies specializing in debt collection on behalf of creditors. They typically do not have direct rights over the debt owed. As a result, a debt collector is obligated, pursuant to state law, to apply for - and obtain - a license through the Division of Banks in order to lawfully collect a debt in Massachusetts.
Debt Purchaser(s): These are collection agencies that specialize in the acquisition of delinquent debts from creditors attempting to collect a debt. Debt purchasers typically utilize attorneys or debt collectors to collect because they do not engage directly with consumers. Since debt purchasers legally own the debt, or debts, they do not require state licensure to collect them. However, debt purchasers are obligated to adhere to the Fair Debt Collection Practices Act (more on this below) and debt collection regulations stipulated by the Attorney General's Office.
Lawyer(s): Lawyers are responsible for the actual collection of the debt on behalf of creditors, rather than the debt collector. The attorneys typically do not have actual rights to the debt being collected, but possess the licensure necessary to practice debt collection in Massachusetts. Lawyers engaged in debt collection practices are obligated to adhere to the Supreme Judicial Court's Rules of Professional Conduct, the Attorney General's Debt Collection Regulations, and the Fair Debt Collection Practices Act (FDCPA) restrictions when practicing debt collection.

In contrast to federal law, the Massachusetts debt collection laws described above apply to all types of debt collectors, including creditors, debt buyers, and third-party collection agencies. Violating any other regulations would be considered a violation of the Massachusetts General laws of Chapter 93.

The Fair Debt Collection Practices Act protects all US residents from unfair debt collectors

The Fair Debt Collection Practices Act (FDCPA) is a federal law governing the practices of debt collectors. In addition, the FDCA provides consumers with notable legal protections against certain predatory and harassing practices, including:

Calling you at home before 8 a.m. or after 9 p.m.
Using abusive, inappropriate and harassing language during discussions.
Pursuing a consumer for a debt they do not actually owe.
Pretending to be associated with a law enforcement or government agency.
Misrepresenting who they are or any details of the debt in question.

The FDCPA also states that debt collectors are prohibited from using any misleading or deceptive representation in their effort to collect on a debt. In addition, the FDCPA requires debt collectors to substantiate that you actually owe the debt being pursued. For example, you can demand a debt collector issue a debt validation letter confirming you actually owe the debt.

Another consumer-oriented aspect of the FDCPA is the opportunity to claim monetary compensation from a debt collector who violated it. If you can provide evidence of such a violation in court, you might be eligible to request damages. The FDCPA includes a provision allowing consumers to seek up to $1,000 in damages from debt collectors found to have breached the federal law. Importantly, to secure the $1,000 compensation, you only need to demonstrate the collector's violation of the FDCPA; proving actual harm is not necessary.

In addition to potentially recovering monetary damages, a court has the authority to order a debt collector who violated the FDCPA to halt certain collection activities. This is known as "injunctive relief." For example, a court has the authority to require that the debt collector deemed to have violated the FDCPA to cease all communications with you (both phone calls and letters).

The Consumer Financial Protection Bureau’s Debt Collection Rule grants additional protections

In addition to the consumer protections contained in state law and the federal FDCPA, the Consumer Financial Protection Bureau (CFPB) recently issued a “Debt Collection Rule” in 2021 that clarifies how debt collectors can communicate and engage with consumers when attempting to collect on a delinquent account.

For example, pursuant to the CFPB’s Debt Collection Rule, a debt collector is prohibited from calling a consumer more than seven times within a seven-day period, or seven days after initially engaging in a phone conversation with a consumer concerning a delinquent account.

In addition, debt collectors are obligated to follow specific rules and guidelines if, or when, they contact a consumer via a social media platform. For example, debt collectors must keep social media messages private and not viewable by the general public or by your friends, contacts, or followers on any particular social media platform.

In addition, a debt collector must affirmatively identify themselves as a debt collector when engaging a consumer on a social media site. Basically, this means if a debt collector attempts to send a consumer a private message requesting to be added as a friend or contact, the debt collector must identify themself as being affiliated with a debt collection agency and/or their role as a debt collector.

Another requirement contained in the CFPB’s Debt Collection Rule is that debt collectors must provide consumers an option for opting out of further communications. Basically, a debt collector must provide a consumer, in each social media message, a way to opt out of receiving further communications from the debt collector via social media.

The Massachusetts statute of limitations on debt prevents old debt lawsuits

Pursuant to Massachusetts state law, specifically Massachusetts General Laws Ch. 260 §1 and §2, the statute of limitations for consumer-related debt is six years. So, in effect, the statute of limitations for credit card debt, oral contracts, and written contracts is six years.

This means if a debt collector attempts to file a lawsuit against a Massachusetts resident who hasn’t made a payment on a delinquent account in six years or longer, there is a good chance the debt collector will be time-barred from moving forward with the lawsuit.

The table below further illustrates the statute of limitations on different types of debt in Massachusetts.

Statute of Limitations on Debt in Massachusetts
Debt Type	Deadline
Credit Card	6 years
Oral contract	6 years
Written contract	6 years
Mortgage	6 years
Open account	6 years
Promissory note	20 years
Contract under seal	20 years
Judgment	20 years
Source: Mass. Gen. Laws ch. 260 § 1, 2, and 20

Resolve your debt lawsuit in Massachusetts

Debt collectors and creditors have the right to take legal action if you refuse to communicate with them about your debt. However, that doesn’t mean that all debt lawsuits have merit. Luckily, SoloSuit was created with this in mind.

SoloSuit can help you respond to a debt lawsuit in Massachusetts, stand up for your rights, and buy yourself time to work out a debt settlement plan. The surest way to get debt collectors off your back is by paying what you owe. And if you go about this wisely, you can usually settle your debt for less than you originally owed.

In a debt settlement, you offer your creditor a portion of the total amount due, usually at least 60% of the debt’s value. In exchange for a lump-sum payment, the creditor agrees to drop its legal claims against you and release you from the remaining balance.

If you decide to settle your obligation, you’ll want to ensure you get the terms of your agreement in writing and pay the creditor before your court date. If you’ve never tried debt settlement before, consider working with a professional organization that will guide you through the process.

To learn more about how to settle a debt in Massachusetts, check out this video:

SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.

Key takeaways

Debt collection laws in Massachusetts afford residents with statutory protections and rights to help even the playing field between everyday consumers and large debt collection companies. Here are some key takeaways on this article on debt collection laws in Massachusetts:

Dealing with aggressive debt collectors is distressing, but state and federal laws provide protections.
Massachusetts law prevents debt collectors from harassing consumers, listing specific guidelines to regulate debt collection practices in the state.
The Fair Debt Collection Practices Act (FDCPA) safeguards US residents from unfair collector practices, most notably harassment and misrepresentation.
The Consumer Financial Protection Bureau (CFPB) Debt Collection Rule adds further consumer safeguards, specifically in regards to when, how, and through what means a debt collector can communicate with you.
Massachusetts has a six-year statute of limitations on consumer debt lawsuits.
SoloSuit offers help for responding to debt lawsuits and debt settlement in Massachusetts.

If you’ve been sued for a debt in Massachusetts, respond to the case with SoloSuit’s Debt Answer form and increase your chances of winning.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

We have answers

Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.

Get Started

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court

Not sued yet?

Use our Debt Validation Letter.

Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.

Let's Do It

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"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