Legal Question in Credit and Debt Law in Massachusetts

Going to court in mass for unsecured loan. Last payment was made Sept 2009, going to court Oct 2015. Isnt that time barred. I believe statue of limitations in mass is 6 years

Asked on 7/20/15, 5:30 pm

2 Answers from Attorneys

Mandy Spaulding The Law Office of Mandy L. Spaulding

2009 plus six years would be 2015 - so technically given the information you provided they would be inside the 6 year statute of limitations. Furthermore, depending on the type of account and definition of breach or default within the contract - it is likely the SOL would start to run sometime AFTER your date of last payment - as "payment" is not a breach, it would normally be 30-60 (or even longer) days after nonpayment.

Read more
Answered on 7/20/15, 5:36 pm
L. Jed Berliner Berliner Law Firm

Certain lenders' contracts apply their home state's laws which might have a three year SOL. Unfortunately, you'll need a lawyer to make the substantive v procedural argument, followed up with a conflict of laws argument.

The suit's filing date stops the clock from ticking, not the later date you actually go to court.

There may well be other important defenses to raise.

Read more
Answered on 7/20/15, 6:18 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts