Mass. Gen. Laws ch. 260 § 2
Promissory Notes
Claims based on written promises to repay borrowed money.
Statute of Limitation in Massachusetts
The statute of limitations for a promissory note in Massachusetts is 6 years because a standard promissory note qualifies as a negotiable instrument under Article 3 of the state's Uniform Commercial Code.
Deadline Calculator
Exceptions & Conditions
An exception applies under M.G.L. c. 260, § 1 if the promissory note is signed in the presence of an attesting witness and brought by the original payee, which extends the statutory filing window to 20 years. Contact an attorney.
Example Scenario
If the breach of contract occurs on January 15, 2021, the deadline to file a Promissory Notes claim is January 15, 2027.
Understanding Statutes of Limitations in Massachusetts
The statute of limitations for promissory notes in Massachusetts acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Massachusetts state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for promissory notes after the 6-years period has expired, the defendant will likely file a motion to dismiss the case. In Massachusetts, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Massachusetts law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Massachusetts serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (6 years in this instance), potential liability is extinguished.
Can this be resolved in Massachusetts Small Claims court?