Collecting debt in Massachusetts: licensing, bonds and statutes of limitations.
No person may engage in Massachusetts in the business of a debt collector without a Division of Banks license (applied for through NMLS, $1,000 per year plus a $300 investigation fee) and a $25,000 bond on file with the State Treasurer; third-party loan servicers register instead ($500 per year); passive debt buyers and Massachusetts-licensed attorneys are excluded under 209 CMR 18.02 as amended September 26, 2025.
General information, not legal advice. Every figure on this page links to the statute, rule or regulator page it came from, with the operative words quoted, and the date we verified it. Rules change; confirm with the regulator or your counsel before acting, and tell us if something here is out of date.
Do you need a license to collect in Massachusetts?
The Division of Banks reads the attorney exemption as covering only Massachusetts-licensed attorneys, so an out-of-state law firm collecting from Massachusetts consumers should assume it needs the license. The license runs one year and expires on a date the Commissioner sets; confirm the current renewal deadline in NMLS, since the regulator's own pages could not be verified for this entry.
Fixed $25,000; not tiered. Runs to the State Treasurer for an indeterminate period, surety company or cash in lieu; must be examined and approved by the Commissioner of Banks and approved and filed by the State Treasurer (§ 26); cancellable on 30 days' registered-mail notice. Conditioned on paying over collection proceeds on written demand. 209 CMR 18.50(2)(a)1 (2025 text): the Commissioner 'may require a debt collector to furnish a bond, in addition to the $25,000 bond that is required pursuant to M.G.L. c. 93, §§ 24A, 25 and 26, in a sum as determined by the Commissioner. The bond shall run to the state treasurer and be executed by the licensee and by a surety company licensed by the Massachusetts Division of Insurance.' Whether the bond is filed as an NMLS electronic surety bond or on paper with the State Treasurer was not verified from a primary source.
c. 93 § 24B(c): 'The commissioner may participate in a multi-state licensing system ... for the licensing and application ... of entities engaged in the business of debt collection' and 'The applicant shall pay directly to the multi-state licensing system any additional fees'. DOB page: 'Get started using Nationwide Multi-State Licensing System (NMLS)'; all applications submitted through NMLS. 209 CMR 18.02 (2025) adds an 'NMLS' definition. Division consumer page directs users to verify licenses through NMLS.
Two fees are due with a new application: the annual license fee of $1,000 and a $300 investigation fee ($1,300 total), plus NMLS processing fees and per-person FBI/credit-report charges. DOB fee table (mass.gov, read from the 2026-05-19 Wayback copy of the official page): 'license fee (debt collector, student loan servicers) $1,000 per license'; 'Investigation fee (debt collector and loan servicer) $300 per license'; 'FBI criminal background check (debt collectors and student loan servicers) $36.25 per owner(s) and control person(s)'; 'Credit report fee (debt collector and loan servicer) $15 per control person(s)'; 'All fees collected through the NMLS are nonrefundable.' Amounts are set under c. 7 § 3B in 801 CMR 4.02 (209 Division of Banks: '(5) Debt Collector - Annual License $1,000 per year'; '(12) Non-bank License Application - Investigation Fee 300'), confirmed on the LII copy 2026-09-20. M.G.L. c. 93, § 24B(a): application 'shall be accompanied by an investigation fee to be determined annually by the commissioner of administration under section 3B of chapter 7'; § 24B(b): 'The fee for the license shall be determined annually by the commissioner of administration'; § 24B(c): NMLS fees paid directly to NMLS. A separate license and fee is required for each place of business (§ 24B(a)).
c. 93 § 24B(a): 'If the licensee desires to carry on business in more than one place, he shall procure a license for each place where the business is to be conducted.' 209 CMR 18.60(1): 'A debt collector licensee who intends to carry on its business at any location in addition to the address on its original license shall submit an application to the Commissioner, in writing, at least 30 days prior to the opening of the branch location.' Relocation requires prior approval and a relocation investigation fee: 801 CMR 4.02 '(13) Non-bank Licensee - Office Relocation Investigation Fee 200'. THIRD PARTY LOAN SERVICER registration (c. 93 § 24A(b), § 24C): 801 CMR 4.02 '(11) Third Party Loan Servicer Registration 500 per year' plus $120 NMLS processing fee (DOB page); registrants are not subject to §§ 24F-27 (no bond). Student loan servicers licensed under c. 93L acting solely as such need neither (§ 24A(e)).
NMLS Company Form (MU1) and Individual Form (MU2) filings; paper applications no longer accepted (DOB page: 'All Debt Collector or Loan Servicer license applications are submitted online using the NMLS with any supporting documents being mailed to the Division'); positive net worth demonstrated and maintained at all times (209 CMR 18.50(2)(a)); 'Net Worth' excludes goodwill, receivables from officers, organization costs and other intangibles (209 CMR 18.02); financial statements per U.S. GAAP (balance sheet, income statement, cash flows, stockholder's equity) audited by an independent CPA, or reviewed by a CPA if no audit; start-ups file an audited or reviewed opening balance sheet (209 CMR 18.50(2)(b)); fingerprint-based state and FBI criminal history checks for the applicant and each member, director, principal officer and office manager (c. 93 § 24B(c)); FBI fee $36.25 and credit report $15 per control person (DOB page); character, reputation, integrity and general fitness review; denial for felony or fraud within 10 years, prior license revocations, adverse credit history, going-concern audit notes (c. 93 § 24G; 209 CMR 18.52); license for each place of business; prior approval and $200 fee for relocation; 30-day advance branch application (c. 93 § 24B; 209 CMR 18.60); business conducted in the licensee's name as it appears on the license; license not transferable or assignable (c. 93 § 24B(b)); annual report to the Commissioner, $5 per day penalty for late filing (c. 93 § 24E; 209 CMR 18.62; DOB annual report due March 31); books and records retained at least three years in a form the Commissioner prescribes; out-of-state licensees with no Massachusetts office may designate an approved resident agent for records (c. 93 § 24D; 209 CMR 18.63); notice of significant events and proposed change in ownership or personnel (209 CMR 18.61); accounting and remittance of proceeds within 30 days of written demand (c. 93 § 28); incomplete applications: 14-day cure window before abandonment (209 CMR 18.50(2)(e)); conduct rules including time-barred debt limits (209 CMR 18.26), validation (18.34), disputes and original-creditor information (18.38), and Massachusetts-specific communication limits (18.06 through 18.30)
Exemptions. Statute c. 93 § 24 excludes from 'debt collector': (a) officers/employees of a creditor collecting in its name; (b) affiliates collecting only for related entities where collection is not the principal business; (c) federal/state officers and employees on official duty; (d) process servers; (e) nonprofit consumer credit counseling organizations; (f) persons collecting debts incidental to a bona fide fiduciary or escrow obligation, debts they originated, debts not in default when obtained, or debts obtained as a secured party in a commercial credit transaction; (g) attorneys-at-law collecting for a client; (h) agents collecting only for landlords or DPU/DTC/Division of Insurance-supervised corporations. § 24A(c) exempts banks, national banking associations, federal savings banks and S&Ls, federal credit unions, out-of-state banks/trust companies/savings institutions/credit unions and their subsidiaries (affiliates of exempt entities and bank holding companies remain covered). § 24A(e) exempts c. 93L student loan servicers acting within that chapter. § 24A(b): third party loan servicers register instead of licensing and are not subject to §§ 24F-27. 209 CMR 18.02 (2025) adds (i) c. 93L student loan servicers and (j) passive debt buyers, and limits (g) to Massachusetts-licensed attorneys. Exempt persons remain subject to the conduct provisions (209 CMR 18.01(2)(a)).
How long can a debt be sued on in Massachusetts?
Massachusetts allows six years on most consumer debt, and a payment or a signed written acknowledgment can revive a debt even after that period has run. Before asking for either on an old debt, a collector must give the Attorney General's time-barred-debt warning (940 CMR 7.07(24)), and anyone suing on a credit-card debt must certify the limitations period has not expired (Mass. R. Civ. P. 8.1).
“Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record ... shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.”
“Actions of contract ... founded upon contracts or liabilities, express or implied ... shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.”
“Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.”
c. 260, § 1: 'The following actions shall be commenced only within twenty years next after the cause of action accrues: First, Actions upon contracts under seal. Second, Actions upon bills, notes or other evidences of indebtedness issued by a bank. Third, Actions upon promissory notes signed in the presence of an attesting witness, if brought by the original payee'. JB Mortgage Co. v. Ring (Mass. App. Ct. 2016) applied the twenty-year sealed-contract period to a guaranty.
“Actions of contract ... founded upon contracts or liabilities, express or implied ... shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.”
Massachusetts has no open-account statute; a credit-card account is an action of contract, express or implied, under c. 260, § 2 (six years). Neither pass found a reported Massachusetts appellate opinion expressly classifying credit-card debt; the classification rests on the statute's catch-all wording. Mass. R. Civ. P. 8.1 (adopted May 22, 2018, effective Jan. 1, 2019, 479 Mass. 1401) governs any action 'to collect a debt incurred pursuant to a revolving credit agreement' and its subsection (f) requires a certification of any 'choice of law or limitations provision' in the card terms, 'the statute or other law establishing the limitations period,' and 'that, based on reasonable inquiry, the applicable limitations period has not expired.' Open question carried forward: whether a bank-issued cardholder agreement could be argued into c. 260, § 1 Second's twenty years ('evidences of indebtedness issued by a bank'); no primary source read in either pass addresses it. Sale-of-goods contracts: 4 years under c. 106, § 2-725(1).
“A judgment or decree of a court of record of the United States or of any state thereof shall be presumed to be paid and satisfied at the expiration of twenty years after it was rendered.”
'Renewable' means a new execution or a new action on the judgment, not a clerk's renewal. c. 235, § 19 (read on malegislature.gov): 'If a judgment remains unsatisfied after the expiration of the time for taking out execution thereon, the creditor may obtain a new execution by motion to the court in which such unsatisfied judgment was rendered, or he may at any time after the judgment, subject to section twenty of chapter two hundred and sixty, bring a civil action thereon.'
c. 260, § 2 runs 'six years next after the cause of action accrues' (breach/default; JB Mortgage Co. v. Ring, Mass. App. Ct. 2016, held a guaranty claim 'accrued upon the trust's default'). For a note, c. 106, § 3-118(a) fixes accrual at the stated or accelerated due date; an undemanded demand note is barred after ten years without payment (§ 3-118(b)). For sale-of-goods contracts, c. 106, § 2-725(2): 'A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.' For a 'mutual and open account current', c. 260, § 6: 'the cause of action shall be held to have accrued at the time of the last item proved in the account'; whether a consumer credit-card account is such an account was not resolved by any primary source read. Mass. R. Civ. P. 8.1(c)(6)-(7) requires the plaintiff's affidavit to state 'the amount and date of the defendant's last payment' and 'the date of charge-off', and 8.1(f) requires a limitations certification, but the rule does not fix an accrual date. No appellate authority on credit-card accrual was located by either pass.
“The preceding section shall not alter or impair the effect of a payment of principal or interest made by any person; but no endorsement or memorandum of any such payment ... by or on behalf of the party to whom such payment has been or purports to have been made, shall be sufficient proof of the payment to take the case out of the provisions of this chapter.”
Zelby (pass B, read on Justia): 'The partial payment effectively resets the statute of limitations on the entire amount owed from the date of the payment where the circumstances support a fair and reasonable inference that the debtor intended to renew his promise of payment.' The payments in Zelby were made within the period.
“No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby.”
Both passes reviewed the c. 260 section list on malegislature.gov; no section borrows another jurisdiction's limitations period. Massachusetts resolves limitations conflicts by a functional choice-of-law approach (pass A cites New England Tel. & Tel. Co. v. Gourdeau Constr. Co., 419 Mass. 658 (1995), not read in primary form). Mass. R. Civ. P. 8.1(f)(1) requires revolving-credit plaintiffs to certify any contractual 'choice of law or limitations provision'.
The debt exists but cannot be sued on; a suit can be defended by raising the defense.
“Collecting or attempting to collect from any person payment of any debt that the creditor knows, or has reason to know based on a good faith determination, is a time-barred debt ... unless the creditor discloses that the debt may be unenforceable through a lawsuit because the time for filing suit may have expired”
940 CMR 7.07(24) applies to 'creditors' as defined in 940 CMR 7.03 (which reaches debt buyers) and also bars 'seeking or obtaining from any person an admission, affirmation, acknowledgement of a new promise to pay, or any waiver of legal rights or defenses' on time-barred debt without the disclosure. Safe-harbor text at (24)(a) begins 'WE ARE REQUIRED BY REGULATION OF THE MASSACHUSETTS ATTORNEY GENERAL TO NOTIFY YOU OF THE FOLLOWING INFORMATION. THIS INFORMATION IS NOT LEGAL ADVICE: THIS DEBT MAY BE TOO OLD FOR YOU TO BE SUED ON IT IN COURT.' and includes 'YOU CAN RENEW THE DEBT AND THE STATUTE OF LIMITATIONS FOR THE FILING OF A LAWSUIT AGAINST YOU IF YOU DO ANY OF THE FOLLOWING: MAKE ANY PAYMENT ON THE DEBT ...'. (24)(b): written disclosure in minimum eight-point type on the front page; (24)(c): oral disclosure immediately before or after the first request for payment. 7.03: 'time-barred debt' means 'any debt that is not enforceable in a judicial proceeding because the applicable statute of limitations has run.' For Division of Banks licensees, the amended 209 CMR 18.00 ('Final Amendments – Effective 9/26/25', read from the Wayback Machine copy of the mass.gov PDF captured 2026-07-26 because mass.gov blocks automated fetches) adds § 18.26 'Collection of Time Barred Debt – Debt Collection: Compliance with 12 CFR 1006.26 constitutes compliance with 209 CMR 18.26.'
Statute answer: yes. Massachusetts has no anti-revival statute. c. 260, § 13 is written for debts already barred ('whereby to take an action of contract out of the operation of this chapter') and permits revival by a signed writing; § 14 preserves 'the effect of a payment of principal or interest made by any person' to 'take the case out of the provisions of this chapter', so a post-expiry payment revives the remedy without a signed writing. The Attorney General's own mandated disclosure (940 CMR 7.07(24)(a)) tells the consumer that a payment or signed admission 'CAN RENEW THE DEBT AND THE STATUTE OF LIMITATIONS'. Regulatory precondition: 940 CMR 7.07(24) makes it an unfair practice for a creditor (including a debt buyer) to seek or obtain such a payment, admission, new promise or waiver on a debt it knows or should know is time-barred unless the prescribed disclosure is given first; a payment obtained without the disclosure exposes the collector to c. 93A liability even though the statute treats the payment as effective. No Massachusetts appellate opinion applying §§ 13-14 to a payment made after expiry was opened by either pass or the reconciler (Justia, FindLaw and mass.gov returned 403; Zelby at 92 Mass. App. Ct. is past the volumes in the CAP static archive).
Where this page comes from.
Researched in two independent passes from primary sources (the statute, the administrative code and the regulator's own pages), then reconciled against the text where the passes disagreed. Verified 2026-09-20. Licensing is re-verified quarterly and limitation periods annually.
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24A
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24B
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24C
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24D
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24E
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24F
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24G
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24H
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section25
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section26
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section27
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section28
- www.mass.gov/doc/209-cmr-1800-conduct-of-the-business-of-debt-collectors-student-loan-servicers-and-third-party-loan-servicers-final-amendments-effective-92625/download
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- www.mass.gov/how-to/apply-for-a-debt-collector-license-or-loan-servicer-registration
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- www.mass.gov/info-details/division-of-banks-licensee-information
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- www.mass.gov/doc/801-cmr-4-rates/download
- www.law.cornell.edu/regulations/massachusetts/209-CMR-18-01
- www.law.cornell.edu/regulations/massachusetts/209-CMR-18-02
- www.law.cornell.edu/regulations/massachusetts/209-CMR-18-03
- www.law.cornell.edu/regulations/massachusetts/801-CMR-4-02
- licensing.reg.state.ma.us/public/oca-support/dob-consumer-moneymatters/app-dob-debt-collection.asp
- malegislature.gov/Bills/194/H4809.pdf
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section1
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section6
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section13
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section14
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section20
- malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter235/Section19
- law.justia.com/codes/massachusetts/part-iii/title-ii/chapter-235/section-19/
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article2/Section2-725
- malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Section3-118
- www.law.cornell.edu/regulations/massachusetts/940-CMR-7-07
- www.law.cornell.edu/regulations/massachusetts/940-CMR-7-03
- www.law.cornell.edu/regulations/massachusetts/209-CMR-18-18
- www.law.cornell.edu/regulations/massachusetts/department-209-CMR/title-209-CMR-18.00
- web.archive.org/web/20260726193216/https://www.mass.gov/doc/conduct-of-the-business-of-debt-collectors-student-loan-servicers-and-third-party-loan-servicers/download
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- web.archive.org/web/20260516134615/https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-81-special-requirements-for-certain-consumer-debts
- rulesofcivilprocedure.com/ma/rule-8.1/
- www.ca1.uscourts.gov/sites/ca1/files/opnfiles/19-1896P-01A.pdf
- law.justia.com/cases/massachusetts/court-of-appeals/2017/16-p-874.html
- caselaw.findlaw.com/court/ma-court-of-appeals/1746914.html
Resolvah enforces the Massachusetts rules at the point of contact.
Licensing by state, time-barred rules, call frequency and consent, checked before anything sends. See it on your own portfolio.