Massachusetts Demand Letter
This letter follows Massachusetts Chapter 93A's 30-day demand rule, its dishonored-check statute, and its small claims and interest rules so your letter fits the claim you are making.
Find out where you stand in Massachusetts
What is this demand about?
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Introduction
Massachusetts gives certain demand letters real legal teeth. Under the Consumer Protection Act, Mass. Gen. Laws chapter 93A, section 9(3), a person injured by an unfair or deceptive act or practice, other than one entitled to sue under section 11's business-to-business track, must mail or deliver a written demand describing the act and the injury at least 30 days before filing a damages lawsuit; the requirement does not apply to a counterclaim or cross-claim, or where the respondent has no Massachusetts place of business or assets. If the respondent makes a written settlement offer within 30 days of the demand and you reject it, a court that finds the offer reasonable can limit your recovery to that amount. Otherwise, a court that finds the violation was willful or knowing, or that the respondent refused relief in bad faith with knowledge or reason to know the act violated section 2, can order a multiplier of two to three times actual damages, and attorney's fees are mandatory for any winning claimant. A separate statute governs bounced checks: chapter 93, section 40A requires a demand sent by both regular mail and certified mail before you can collect the fixed statutory penalty. Outside those two situations, Massachusetts does not require a demand letter before you sue, but sending one still creates a paper trail and often resolves the dispute without going to court. This page builds a Massachusetts demand letter and explains which of the state's own rules apply to your claim. DocDraft builds your demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
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In Massachusetts, a person injured by an unfair or deceptive act or practice, other than one entitled to sue under Chapter 93A section 11's business-to-business track, must mail or deliver a written demand describing the act and the injury at least 30 days before filing a Chapter 93A damages lawsuit. A respondent who makes a reasonable written settlement offer within that window can cap the claimant's recovery at the tendered amount if the claimant rejects it; otherwise, a court that finds a willful or knowing violation, or a bad-faith refusal to grant relief made with knowledge or reason to know the act violated section 2, may award two to three times actual damages, and attorney's fees are mandatory for any winning claimant (Mass. Gen. Laws ch. 93A, section 9(1), (3), (4)).
- 2
A demand for a dishonored check works differently. Massachusetts chapter 93, section 40A requires delivery by both regular mail and certified mail, return receipt requested, using a statutory bilingual notice, and allows a penalty of not less than $100 nor more than $500 beyond the face amount.
- 3
Outside Chapter 93A and dishonored check claims, Massachusetts does not require a demand letter before you sue, but sending one still documents that you tried to resolve the matter and often prompts payment.
- 4
Never threaten arrest or imprisonment to collect a debt. For consumer debt more than 30 days past due, Massachusetts debt collection regulations expressly make that threat an unfair practice even for an original creditor collecting its own debt, not just a collection agency (940 Code Mass. Regs. section 7.04(1)(b)).
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Contract claims, written or oral, generally must be filed within 6 years of accrual, and property damage claims within 3 years (Mass. Gen. Laws ch. 260, sections 2 and 2A).
- 6
Massachusetts sets a 6 percent default legal interest rate, and a contract judgment draws prejudgment interest at the contract rate, or 12 percent per year if none was set, running from the date of the breach or your written demand (Mass. Gen. Laws ch. 107, section 3; ch. 231, section 6C).
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Small claims in Massachusetts go to the Small Claims Session of the District Court, the Boston Municipal Court, or the Housing Court, with a $7,000 limit for contract and tort claims other than slander and libel, and no dollar limit for motor vehicle property damage claims (Mass. Gen. Laws ch. 218, section 21), and both sides may use an attorney (Trial Court Small Claims Standard 6:09).
Key decisions before you file
Before you file a Demand Letter in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Massachusetts Requirements for Demand Letter
30-Day Written Demand Under Chapter 93A
Before filing a damages lawsuit for an unfair or deceptive act or practice, mail or deliver a written demand describing the act and your injury at least 30 days in advance (Mass. Gen. Laws ch. 93A, section 9(3)). This does not apply to a business-to-business claim under section 11, a counterclaim or cross-claim, or a respondent with no Massachusetts place of business or assets. No certified mail is required for this demand.
Chapter 93A Multiplied Damages and Fees
If the recipient does not make a reasonable written settlement offer within 30 days of your demand, a court that finds a willful or knowing violation, or a bad-faith refusal to grant relief made with knowledge or reason to know the act violated section 2, may award two to three times actual damages, and a winning claimant recovers reasonable attorney's fees and costs in any event (Mass. Gen. Laws ch. 93A, section 9(3), (4)).
Reasonable Settlement Tender Can Cap Recovery
A written settlement offer the recipient makes within 30 days of your demand, if you reject it, can be filed with the court and may cap your recovery at that amount if the court finds it reasonable (Mass. Gen. Laws ch. 93A, section 9(3)).
Dual-Mail Demand for a Dishonored Check
A bad check demand must be delivered by both regular mail and certified mail, return receipt requested, using the statutory bilingual notice form, and gives the recipient 30 days to pay before suit (Mass. Gen. Laws ch. 93, section 40A).
Dishonored Check Penalty Range
Beyond the face amount of the check, Massachusetts law allows additional damages of not less than $100 nor more than $500, as determined by the court (Mass. Gen. Laws ch. 93, section 40A).
Six-Year Limit on Contract Claims
Written and oral contract claims, including open accounts, generally must be filed within 6 years of accrual (Mass. Gen. Laws ch. 260, section 2).
Three-Year Limit on Property Damage Claims
Tort claims, including property damage claims, generally must be filed within 3 years of accrual, except as otherwise provided by law (Mass. Gen. Laws ch. 260, section 2A).
Prejudgment Interest From the Date of Demand
A court adding interest to a contract judgment uses the contract rate if one was set, or 12 percent per year otherwise, running from the date of the breach or your written demand (Mass. Gen. Laws ch. 231, section 6C).
Small Claims Court Limit
The Small Claims Session of the District Court, Boston Municipal Court, or Housing Court hears claims up to $7,000 for contract and tort matters other than slander and libel, with no dollar limit for motor vehicle property damage (Mass. Gen. Laws ch. 218, section 21), and both sides may use an attorney (Trial Court Small Claims Standard 6:09).