Massachusetts Small Claims Court Statute of Limitations

Time Limits by Claim Type

Massachusetts sets strict deadlines for filing any lawsuit, including small claims. Miss the window, and the defendant raises it as an affirmative defense that kills the case regardless of how strong your evidence is.

The statutes of limitations under M.G.L. c. 260:

When the Clock Starts

Contracts — the limitation period begins on the date the contract was breached. For an unpaid invoice, that's the date payment was due. For a contractor who walked off the job, it's the date they stopped performing.

Property damage and personal injury — the clock starts on the date the damage occurred. A tree falls on your fence on March 15, 2024: you have until March 15, 2027.

Consumer protection (93A) — the statute runs from when you discovered (or should have discovered) the unfair or deceptive practice. This "discovery rule" can push the start date later than the actual wrongful act if the deception wasn't immediately apparent.

Municipal road damage — this one has a trap. You must serve written notice on the municipality within 30 days of the damage. Miss that 30-day window, and you're barred from suing even though the 2-year suit deadline hasn't passed.

Common Scenarios and Their Deadlines

Security deposit not returned. Your landlord had 30 days after the tenancy ended to return the deposit with required interest, less any lawful deductions, and provide the required itemized statement for deductions under M.G.L. c. 186, § 15B. A breach of the deposit statute is typically treated as a contract/statutory violation with a 6-year limit. If you're also claiming unfair practices under Chapter 93A, that's a 4-year limit from discovery.

Contractor took a deposit and disappeared. Contract breach — 6 years from when the contractor failed to perform.

Car accident property damage. 3 years from the date of the accident. Remember that motor vehicle property damage claims in Massachusetts small claims have no dollar limit, so even expensive repairs fit in small claims.

Defective product or deceptive business practice. If you're filing under Chapter 93A, you have 4 years from discovery. You must also send a 30-day demand letter before filing.

Don't Cut It Close

Filing the day before a deadline expires is risky. An eFileMA upload is not official court acceptance until the clerk accepts it; a rejected filing must be corrected and resubmitted. If you're within months of the deadline, file sooner rather than later.

The limitation period is also important when deciding whether to send a demand letter before filing. A 93A demand letter requires waiting 30 days for a response. If your 4-year deadline is 45 days away, you need to send that letter immediately.

For the full filing process — including how to send a proper demand letter and which forms to complete — see our Massachusetts Small Claims Filing Guide.

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