Open Accounts :Written Contracts(Not Under Seal):Oral Contracts 6 Years
c.260, §2
STATUTES OF FRAUDS AND LIMITATIONS.
CHAPTER 260. LIMITATION OF ACTIONS.
Chapter 260:
Section 2. Six years.
Section 2. 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 of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues
CHAPTER 260. LIMITATION OF ACTIONS.
Chapter 260: Section 13. Acknowledgment or new promise; effect.
Section 13. 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
255BCHAPTER 255D.
RETAIL INSTALLMENT SALES AND SERVICES General Laws of Massachusetts
CHAPTER 255D
Default Must Be A Material Default An agreement of the parties in a retail installment contract defining default is enforceable only to extent that the default is material, and consists of the buyer's failure to make one or more installments as required by the agreement, or an event which substantially impairs the value of the collateral.
Chapter 255B, Section 20A
Notice After Default Before Action
After a default by a buyer under a consumer credit transaction, secured creditor may not bring an action against buyer or proceed against collateral until secured creditor gives to buyer the notice described in Chapter 255B, Section 20A. The notice is deemed to be delivered when delivered to the debtor, or when mailed to debtor at the address of debtor last known to creditor.
Limits On Multiple Defaults
If a buyer cures a default after receiving notice and again defaults, the creditor shall give another notice before bringing an action or proceeding against the collateral with respect to the subsequent default, but no notice is required in connection with a subsequent default if, within the period commencing on the date of the consumer credit transaction subject to this section and the date of the subsequent default, the debtor has cured a default after notice three or more times.
Chapter 255B, Section 20A
Specified Form of Notice
The notice must be in writing and must be given to buyer ten days or more after the default. The notice must conspicuously state the rights of the buyer upon default in substantially the form descibed in Chapter 255B, Section 20A. The heading must read "Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act." The notice must advise of right to cure default in transaction by paying to creditor, at included address of creditor, the amount due before the date, a date which is at least twenty-one days after notice is mailed. The notice further advises that if amount is paid, within allowed time, that consumer will no longer be in default, and may continue with transaction as though no default had occurred.
Notice Includes Right To Redeem The notice must further advise that creditor may sue and obtain judgment for amount of debt or, if applicable, may take possession of the collateral. It must further advise that if creditor takes possession of collateral, that consumer may get it back by paying the full amount of debt plus any reasonable expenses incurred by creditor if required payment is made within twenty days after creditor takes possession.
Chapter 255B, Section 20A
No Action During Notice Period During the twenty-one day period after delivery of the notice, creditor may not, because of that default, accelerate the unpaid balance of the obligation, bring action against buyer, or proceed against collateral.
When Buyer May Cure Without Acceleration Unless secured creditor has first notified buyer that he has elected to accelerate the unpaid balance of obligation because of default, brought action against buyer, or proceeded against the collateral, the buyer may cure a default consisting of a failure to pay money by tendering amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Such a cure shall restore buyer to his rights under agreement as though the defaults had not occurred, subject to provisions covering three or more prior cured defaults.
Chapter 255B, Section 20A
Statements of Account May Be Required Within six months after execution of the retail installment sale agreement or revolving credit agreement, and within every six-month period after, until buyer has completed all obligations under agreement, holder must send to buyer, upon request, a statement of account which must list certain items, with appropriate descriptions.
Massachusetts General Laws, CHAPTER 255D, Section 19
Payments, Expenses, Certain Cure Amounts Theses items include amounts paid by or on behalf of buyer, setting forth any refund and any payment of charges for delinquencies, expenses of repossession and extensions, to date of the statement of account. The next item category includes amounts, if any, which have become due but remain unpaid, setting forth any charges for delinquencies, expenses of repossession and extensions.
Chapter 255D, Section 19
Statement Requires Contract Information
The statement of account must also include number of installment payments, and dollar amount of each installment not due but still to be paid, and remaining period agreement is to run.
One Free Statement Any 6 Month Period Buyer is entitled to only one such statement in any six-month period free of charge. The holder is entitled to the sum of one dollar for each additional written statement requested by buyer before supplying such additional written statement.
CHAPTER 255D., Section 19
Tax Compliance Needs of Buyer If buyer requests information concerning amount of finance charges for income tax purposes, holder must provide such information without charge once in every calendar year.
Massachusetts General Laws, Chapter 255D, Section 19Also see Chapter 255, Section 13I Default under consumer credit transactions; enforcement; notice; curing of default; deficiency judgment. This is a similar section which may require notice in other consumer credit transactions.
Designation as Consumer Note If any contract for sale of consumer goods on credit entered into in the commonwealth between a retail seller and a retail buyer requires or involves the execution of a promissory note, the note must have printed on the face the words "consumer note", and the holder of such a note cannot be a holder in due course of note within the meaning of Article 3 of chapter 106. For this section "consumer goods" means tangible personal property used or bought for use primarily for personal, family or household purposes. See General Laws of Massachusetts Chapter 255, Section 12C
Consumer note designation Penalties Involving Consumer Notes There are fines for obtaining a note in violation of this section, and with a note obtained in violation of this section, no finance, delinquency, collection, repossession or refinancing charges may be recovered in any action based on the violative contract for sale. This section does not apply to financing insured under F.H.A. regulations. See General Laws of Massachusetts Chapter 255, Section 12C
Unenforceable Provisions
A provision in a retail instalment contract for confession of judgment, or power of attorney for confession of judgment, or wage assignment, and other practices are prohibited by Chapter 255B: Section 20. Also prohibited are provisions whereby a seller or holder of the contract, or other person acting on his behalf, is authorized to enter the buyer's premises unlawfully, or to commit any breach of the peace in the repossession of a motor vehicle, or where buyer waives any right of action against seller or holder of the contract, or other person acting on his behalf, for any illegal act committed in collection of payments under the contract or in repossession of vehicle or any separate instrument executed in connection therewith, shall not be enforceable. See General Laws of Massachusetts Chapter 255B Section 20B, which addresses repossession of collateral on default; hearing; redemption; disposition; deficiency; insurance proceeds; and determination of value.
Mass. Consumer Credit Statutes