Sued in Massachusetts? You may have only 20 days to answer
District Court or Superior Court civil case: 20 days. Small claims: no written answer, but go to court on the date set.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Massachusetts
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Massachusetts guides by topic
How to answer in Massachusetts
Your deadline by court, the official form, fees and defenses.
Default judgment in Massachusetts
What a default means and how to set it aside, with a calculator.
After a judgment in Massachusetts
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Massachusetts
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Massachusetts
District Court / Boston Municipal Court – small claims
Claims of $7,000 or less. A debt buyer or business may file here, but must follow extra small-claims rules for assigned or business debts.
Law: M.G.L. c. 218, § 21; Uniform Small Claims Rule 2(b)
District Court / Boston Municipal Court – civil
Most credit card collection suits are filed here (cases where recovery is not likely to exceed $50,000 under the Supreme Judicial Court's standing order).
Law: M.G.L. c. 218, § 19; Supreme Judicial Court Order Regarding Amount-in-Controversy (effective Jan. 1, 2020)
Superior Court
Larger cases, where the plaintiff is reasonably likely to recover more than $50,000.
Law: M.G.L. c. 212, § 3; Supreme Judicial Court Order Regarding Amount-in-Controversy (effective Jan. 1, 2020)
How to answer in Massachusetts
- How to answer
Civil case: serve your written answer on the plaintiff (or its lawyer) and file it with the court. Small claims: you may send the court a signed letter or the Small Claims Answer form, with a copy mailed to the plaintiff, saying which parts of the claim you dispute and why.
- Official answer form
- Small Claims Answer (small claims only)
- Fee to answer
Small claims: no filing fee for a counterclaim.
Law: Uniform Small Claims Rule 3(c)
- If you can't pay the fees
Affidavit of Indigency – ask the court to waive fees and costs. https://www.mass.gov/indigency-waiver-of-court-fees
Law: M.G.L. c. 261, §§ 27A-27G
- How you must be served
Small claims: the clerk mails you the Statement of Claim and Notice by first-class mail; that is enough unless it comes back undelivered. In a credit card (revolving credit) case in a regular civil court, the plaintiff must first verify your home address within the 3 months before filing.
Law: Uniform Small Claims Rule 3(a); Mass. R. Civ. P. 8.1(e)
Law: Mass. R. Civ. P. 12(a)(1); Uniform Small Claims Rule 3(b)
Defenses to know in Massachusetts
- Defenses in Massachusetts law
The time limit to sue on a contract is 6 years. In a credit card case the plaintiff must certify that the limitations period has not expired. Missing Rule 8.1 documents block a default.
Law: M.G.L. c. 260, § 2; Mass. R. Civ. P. 8.1(f); Rule 55.1(b)(2)
- Debt buyer lawsuits
- Credit card and other revolving-credit consumer debt suits: with the complaint the plaintiff must file and serve on you sworn affidavits naming the current owner and original creditor, the last 4 digits of the account, your last payment, the charge-off date and amount, an itemization of anything added after charge-off, every prior owner with transfer dates, copies of the documents showing you owed the debt and its terms, every bill of sale or assignment that mentions your account, an address-verification affidavit, and a certification that the time limit to sue has not run out. Debt buyer lawsuits in Massachusetts: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Massachusetts
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Civil case: if you do not answer, the plaintiff can ask for a default and default judgment; in credit card cases the clerk or judge must first find that the Rule 8.1 documents prove the amount claimed. Small claims: if you do not come to trial, the court may enter judgment for the plaintiff after checking the claim and damages, and may schedule a payment hearing.
- How to set it aside (cancel it)
Civil case: the court can set aside a default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud no later than 1 year after the judgment; a void judgment within a reasonable time. Small claims: within 1 year of the judgment the court may vacate it for any sufficient cause; at any time if you never got actual notice of the claim and trial date, the court must vacate it.
Law: Uniform Small Claims Rule 8
Law: Mass. R. Civ. P. 55(c), 55.1, 60(b); Uniform Small Claims Rules 7(e), 8
Count your deadline to set aside a default
Mediation and settlement in Massachusetts
In small claims, either side can ask for mediation by a court magistrate, and it happens only if everyone agrees; the defendant can agree on the day the case is scheduled.
Law: Uniform Magistrate Rule 4
If there is a judgment in Massachusetts
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
In a contract case, interest is added at the contract rate if one was set, or otherwise at 12% a year, and the judgment keeps earning interest at the same rate from the day it is entered.
- How long it lasts
A judgment is presumed paid after 20 years. An original execution must be issued within 1 year after the creditor is entitled to it; later (alias) executions can be issued and last 5 years each.
Law: M.G.L. c. 231, § 6C; c. 235, §§ 8, 17; c. 260, § 20
Garnishment, bank levy and exemptions in Massachusetts
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Stricter than federal – you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week. Wages can be taken only with a judge's written permission, after you get at least 10 days' written notice and a chance to object at a hearing.
Law: M.G.L. c. 246, § 28; c. 246, § 32, clause Eighth
- Bank levy (freezing and taking money in your bank account)
The creditor serves a trustee summons on your bank. $2,500 in your accounts is automatically exempt; the bank may hold only the amount over $2,500. $2,500 in cash, savings or other bank deposits is also exempt from execution.
Law: M.G.L. c. 246, § 28A; c. 235, § 34, clause Fifteenth
- How to claim an exemption
In small claims, the court holds a payment hearing; income from unemployment, workers' compensation, Social Security, SSI and other public benefits is exempt from any payment order, as is the protected part of your wages. Bring proof of your income and benefits. In supplementary process (c. 224), the court can order payments only from income above the exempt amount and must dismiss the case for a debtor 60 or older or disabled who has no non-exempt property or income.
Law: M.G.L. c. 246, §§ 28, 28A, 32; c. 224, § 16; Uniform Small Claims Rules 7A-7B
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Massachusetts
Count your deadline to claim an exemption
Free help in Massachusetts
- Massachusetts Legal Services – find free legal aid
- Massachusetts Bar Association Lawyer Referral Service · 617-654-0400
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in Massachusetts's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Massachusetts
- In small claims, not filing an answer does not make you lose – but missing the trial date can (Uniform Small Claims Rules 3(b), 7(e)).
- Before a default can be entered in a credit card suit, the plaintiff's lawyer must swear that the Rule 8.1 documents prove the amount claimed; without them the clerk will not enter a default and the case can be dismissed (Mass. R. Civ. P. 55.1).
- Your first $2,500 in the bank cannot be taken by trustee process (M.G.L. c. 246, § 28A).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Massachusetts
How long do I have to answer a debt lawsuit in Massachusetts?
District Court or Superior Court civil case: serve your answer within 20 days after you are served. Small claims: a written answer is optional and not answering does not make you lose by default – but you must come to the trial on the date in the notice.
How do I answer a debt lawsuit in Massachusetts?
Civil case: serve your written answer on the plaintiff (or its lawyer) and file it with the court. Small claims: you may send the court a signed letter or the Small Claims Answer form, with a copy mailed to the plaintiff, saying which parts of the claim you dispute and why.
Is there an official answer form in Massachusetts?
Small Claims Answer (small claims only): https://www.mass.gov/doc/small-claims-answer/download
Does it cost money to answer in Massachusetts?
Small claims: no filing fee for a counterclaim.
What if I can't afford the court fees in Massachusetts?
Affidavit of Indigency – ask the court to waive fees and costs. https://www.mass.gov/indigency-waiver-of-court-fees
What happens if I don't answer in Massachusetts?
Civil case: if you do not answer, the plaintiff can ask for a default and default judgment; in credit card cases the clerk or judge must first find that the Rule 8.1 documents prove the amount claimed. Small claims: if you do not come to trial, the court may enter judgment for the plaintiff after checking the claim and damages, and may schedule a payment hearing.
Can I cancel a default judgment in Massachusetts?
Civil case: the court can set aside a default for good cause, and a default judgment under Rule 60(b) – for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud no later than 1 year after the judgment; a void judgment within a reasonable time. Small claims: within 1 year of the judgment the court may vacate it for any sufficient cause; at any time if you never got actual notice of the claim and trial date, the court must vacate it.
How much interest does a judgment add in Massachusetts?
In a contract case, interest is added at the contract rate if one was set, or otherwise at 12% a year, and the judgment keeps earning interest at the same rate from the day it is entered.
How long does a judgment last in Massachusetts?
A judgment is presumed paid after 20 years. An original execution must be issued within 1 year after the creditor is entitled to it; later (alias) executions can be issued and last 5 years each.
Can my wages be garnished in Massachusetts?
Stricter than federal – you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week. Wages can be taken only with a judge's written permission, after you get at least 10 days' written notice and a chance to object at a hearing.
Can a creditor take money from my bank account in Massachusetts?
The creditor serves a trustee summons on your bank. $2,500 in your accounts is automatically exempt; the bank may hold only the amount over $2,500. $2,500 in cash, savings or other bank deposits is also exempt from execution.
How do I claim an exemption in Massachusetts?
In small claims, the court holds a payment hearing; income from unemployment, workers' compensation, Social Security, SSI and other public benefits is exempt from any payment order, as is the protected part of your wages. Bring proof of your income and benefits. In supplementary process (c. 224), the court can order payments only from income above the exempt amount and must dismiss the case for a debtor 60 or older or disabled who has no non-exempt property or income.
More help on our sister sites
Sources
- Mass. R. Civ. P. 8.1
- Mass. R. Civ. P. 55.1
- Mass. R. Civ. P. 12
- Mass. R. Civ. P. 55
- Mass. R. Civ. P. 60
- Uniform Small Claims Rule 2
- Uniform Small Claims Rule 3
- Uniform Small Claims Rule 7
- Uniform Small Claims Rule 8
- Uniform Magistrate Rule 4
- M.G.L. c. 218, §§ 19, 21
- M.G.L. c. 231, § 6C
- M.G.L. c. 235, §§ 8, 17
- M.G.L. c. 260, § 20
- M.G.L. c. 246, § 28A
- M.G.L. c. 246, § 32
- M.G.L. c. 224, § 16
- Mass.gov – small claims payment orders and hearings
- SJC Order Regarding Amount-in-Controversy Requirement under G.L. c. 218, § 19 and c. 212, § 3 ($50,000, effective Jan. 1, 2020)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?