Massachusetts Legal Questions & Answers
73 plain-English answers to common Massachusetts law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Massachusetts?
Massachusetts property owners file an Application for Abatement with the local Board of Assessors by February 1 (or 30 days after the actual tax bill is mailed, whichever is…
- How does the lemon law process work in Massachusetts?
Massachusetts has three lemon laws: New Car (M.G.L. c. 90, § 7N1/2), Used Car (M.G.L. c. 90, § 7N1/4), and Leased Vehicles. New Car Lemon Law presumes a lemon after 3 repair…
- How much of my wages can be garnished in Massachusetts?
Massachusetts is much stricter than federal. Under M.G.L. c. 246 § 28, wages up to 85% of gross OR 50 times the state minimum wage per week — whichever is greater — are exempt…
- How do I file a mechanic's lien in Massachusetts?
Record Notice of Contract (GC) or Notice of Identification (subs) early. Record Statement of Account within earliest of 90 days from last work, 90 days from NOSC, or 120 days from…
- What is the personal injury statute of limitations in Massachusetts?
Massachusetts provides 3 years for personal injury under G.L. c. 260, § 2A. Medical malpractice is 3 years with a 7-year statute of repose (§ 4). Claims against public employers…
- How does small claims court work in Massachusetts?
Massachusetts small claims handles disputes up to $7,000 (no limit for property damage from motor vehicle accidents) under Mass. Gen. Laws ch. 218 § 21. Filing fees range…
- How do I set aside a default judgment in Massachusetts?
Move under Mass. R. Civ. P. 55(c) and 60(b) within a reasonable time, and within one year for mistake, newly discovered evidence, or fraud. The Berube v. McKesson test requires…
- Who is liable if a dog bites me in Massachusetts?
Massachusetts imposes strict liability under M.G.L. c. 140 § 155. Owners or keepers are liable for any damage caused by their dog unless the victim was trespassing, committing…
- What can I do if I'm a victim of identity theft in Massachusetts?
Massachusetts criminalizes identity fraud under M.G.L. c. 266 § 37E (up to 5 years state prison or 2.5 years HOC). Credit freezes are free under federal and state law (M.G.L. c…
- How does comparative fault work in Massachusetts?
Massachusetts follows modified comparative fault with a 51% bar under M.G.L. c. 231 § 85 — a plaintiff whose negligence is greater than the combined negligence of defendants…
- How do I file a public records request in Massachusetts?
The Massachusetts Public Records Law (M.G.L. c. 66 § 10) requires agencies to respond within 10 business days. Copy fees are $0.05 per page, with employee-time charges capped…
- What is the statute of limitations for contract claims in Massachusetts?
Massachusetts gives 6 years to sue on both written and oral contracts under M.G.L. c. 260 § 2. Sealed instruments enjoy a 20-year SOL under c. 260 § 1, and UCC sale-of-goods…
- What money in my bank account is protected from creditors in Massachusetts?
Massachusetts automatically protects $2,500 in any bank account under M.G.L. c. 235, § 34(15) plus $1,000 wild card under (16). Tenancy-by-entireties accounts of married couples…
- How do I appeal a denied Social Security disability claim in Massachusetts?
Massachusetts's Disability Determination Services (DDS), within the Massachusetts Rehabilitation Commission, handles initial SSDI/SSI reviews from Boston and Worcester. 60-day…
Criminal (10)
- What are OUI penalties in Massachusetts?
Massachusetts calls it OUI (Operating Under the Influence) under G.L. c. 90 § 24, with a .08 BAC limit (.04 commercial, .02 under 21). A first OUI carries up to 2½ years jail…
- How do I expunge a criminal record in Massachusetts?
Massachusetts offers two remedies: SEALING under MGL c. 276 §§ 100A-100C (3-year wait for misdemeanors, 7-year wait for felonies, automatic upon application) and EXPUNGEMENT under…
- How do I get a concealed carry permit in Massachusetts?
Massachusetts issues a License to Carry (LTC) through the local police chief under M.G.L. c. 140, § 131. Considered one of the strictest states, MA requires a 4-hour…
- What are the search warrant requirements in Massachusetts?
Massachusetts search warrants are governed by Mass. Gen. Laws ch. 276 § 1 et seq. and Mass. R. Crim. P. 41. A sworn affidavit of probable cause must be presented to a…
- Can I legally record a phone call or conversation in Massachusetts?
Massachusetts is an all-party (two-party) consent state under Mass. Gen. Laws ch. 272, § 99 (Wiretap Statute). Secretly recording any conversation — even by a participant…
- How does bail work in Massachusetts?
Massachusetts governs bail under Mass. Gen. Laws Ch. 276 §§ 42A-58. Personal recognizance is presumed under Brangan v. Commonwealth, 477 Mass. 691 (2017), which requires…
- How does plea bargaining work in Massachusetts?
Massachusetts plea practice is governed by Mass. R. Crim. P. 12. Guilty, nolo contendere, and admissions to sufficient facts are recognized; Alford-type pleas are rare. Defendant…
- How do I sue police for misconduct in Massachusetts?
42 U.S.C. § 1983 is the federal vehicle. The Massachusetts Civil Rights Act (M.G.L. c. 12 § 11I) creates a parallel state cause of action; the 2020 police-reform bill (Ch. 253)…
- When can a private citizen make a citizen's arrest in Massachusetts?
Massachusetts citizen's arrest is governed by common law. A private person may arrest for a felony actually committed in their presence (Mass. Gen. Laws ch. 274, § 1). The…
- What pretrial diversion or drug court programs exist in Massachusetts?
Massachusetts offers Pretrial Probation under G.L. c. 276 § 87, Pretrial Diversion under G.L. c. 276A (expanded 2018 to all adults), drug court sessions under SJC framework, plus…
Employment (10)
- What is the minimum wage in Massachusetts?
Massachusetts' minimum wage has been $15.00/hour since January 1, 2023, under the 2018 Grand Bargain (M.G.L. c. 151, § 1). The tipped minimum cash wage is $6.75/hour. Question 5…
- How do I file a workers compensation claim in Massachusetts?
Massachusetts workers' comp is governed by M.G.L. Chapter 152 and administered by the Department of Industrial Accidents (DIA). Notify your employer as soon as practicable (M.G.L…
- How do I file for unemployment benefits in Massachusetts?
File online at mass.gov/unemployment via UI Online. Massachusetts pays $51-$1,033/week PLUS dependent allowances ($25/dependent up to 50% of WBA) for up to 30 weeks — the highest…
- What is wrongful termination in Massachusetts?
Massachusetts recognizes at-will employment but has well-developed exceptions under Fortune v. National Cash Register (1977, implied covenant of good faith) and the public policy…
- How do I file a workers' compensation claim in Massachusetts?
Notify your employer as soon as practicable (M.G.L. c. 152, § 41) and file Form 110 (Employee's Claim) with the Department of Industrial Accidents within 4 years (§ 41)…
- Can I sue for wrongful termination in Massachusetts?
Massachusetts is at-will but recognizes the Fortune covenant of good faith (for earned compensation) and the DeRose public-policy exception. Ch. 151B is the central…
- What are my rights against workplace harassment in Massachusetts?
Chapter 151B (G.L. c. 151B) covers employers with 6+ employees and is enforced by the MCAD. Massachusetts requires employers to adopt and distribute written sexual-harassment…
- Can my employer drug test me in Massachusetts?
Massachusetts permits drug testing but the SJC's Webster decision requires employers to demonstrate substantial justification balancing privacy interests. Barbuto v. Advantage…
- Are non-compete agreements enforceable in Massachusetts?
The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149 § 24L (effective October 1, 2018), requires garden-leave pay of 50% of salary OR 'other mutually agreed…
- How do I appeal an unemployment insurance denial in Massachusetts?
The Massachusetts Department of Unemployment Assistance (DUA) administers UI under M.G.L. c. 151A. Appeals must be filed within 10 days of the determination. Maximum weekly…
Family (9)
- How do I file for divorce in Massachusetts?
Massachusetts requires either 1-year residency or that the cause occurred in-state while spouses lived there. Both no-fault (irretrievable breakdown) and fault grounds exist. File…
- How is child custody decided in Massachusetts?
Massachusetts decides custody under G.L. c. 208, § 31 on the best interest of the child. The court may award legal custody (decision-making) and physical custody, each shared or…
- How does alimony work in Massachusetts?
Massachusetts adopted the landmark Alimony Reform Act of 2011 (M.G.L. c. 208 §§ 48-55), creating four types: general term, rehabilitative, reimbursement, and transitional. General…
- How is child support calculated in Massachusetts?
Massachusetts uses an Income Shares model via the Massachusetts Child Support Guidelines (most recent revision Oct. 4, 2021), authorized by G.L. c. 208 § 28. Both parents' gross…
- How do I get a marriage license in Massachusetts?
Apply in person at any Massachusetts city or town clerk's office. Fee is typically $50 (Boston $50). Massachusetts requires a 3-day waiting period between application and issuance…
- How do I establish paternity in Massachusetts?
Massachusetts parents may sign a Voluntary Acknowledgment of Parentage under M.G.L. ch. 209C, § 11; it has the legal effect of a paternity judgment. Court actions proceed in…
- How does the adoption process work in Massachusetts?
Massachusetts adoptions are governed by M.G.L. c. 210. A birth-parent surrender under § 2 may be signed no earlier than 4 days after birth and is irrevocable upon execution. A…
- Are prenuptial agreements enforceable in Massachusetts?
Massachusetts has NOT adopted the UPAA. Prenups are governed by M.G.L. c. 209 § 25 and DeMatteo v. DeMatteo (2002), 436 Mass. 18, which sets a 'first look/second look' test. The…
- How do I get a restraining order in Massachusetts?
Massachusetts offers 209A Abuse Prevention Orders for household/family members and 258E Harassment Prevention Orders for non-family stalking/harassment. Extreme Risk Protection…
Housing (8)
- What are tenant rights in Massachusetts?
Massachusetts caps security deposits at 1 month's rent, requires interest-bearing account and detailed receipts, mandates 14-day notice for nonpayment, recognizes a robust implied…
- What is the eviction process in Massachusetts?
Massachusetts requires a 14-day notice to quit for nonpayment under M.G.L. ch. 186, § 11 and a 30-day or rental-period notice for no-fault. Landlord files summary process in…
- What must a home seller disclose in Massachusetts?
Massachusetts is a CAVEAT EMPTOR state with no statutory disclosure form for general defects. Sellers have NO general duty to disclose, but cannot misrepresent or actively conceal…
- How do I dispute a security deposit return in Massachusetts?
Massachusetts has the country's strictest deposit law (MGL Ch. 186 § 15B). Landlords must place deposits in a separate interest-bearing escrow, provide receipts, pay annual…
- How do I dispute an HOA assessment or fine in Massachusetts?
Massachusetts condominiums are governed by the Condominium Act (Mass. Gen. Laws Ch. 183A); there is no comprehensive HOA statute, so subdivision HOAs rely on recorded restrictions…
- What is the eviction process in Massachusetts?
Massachusetts uses a Summary Process action under M.G.L. c. 239 and Uniform Summary Process Rules. Nonpayment requires a 14-day Notice to Quit; tenancies at will require 30 days…
- What can I do if my landlord won't fix uninhabitable conditions in Massachusetts?
Massachusetts has one of the strongest habitability frameworks. The State Sanitary Code (105 CMR 410) and *Boston Housing Authority v. Hemingway*, 363 Mass. 184 (1973) provide…
- How do I resolve an easement or boundary dispute in Massachusetts?
Massachusetts adverse possession requires 20 years (M.G.L. c. 260, § 21). Prescriptive easement requires 20 years of open, notorious, adverse, continuous use (M.G.L. c. 187, § 2)…
Estate (8)
- How do I make a valid will in Massachusetts?
Massachusetts requires the testator to be 18+ and of sound mind (M.G.L. c. 190B § 2-501). The will must be in writing, signed by the testator and 2 witnesses (§ 2-502)…
- How do I create a power of attorney in Massachusetts?
Massachusetts did NOT adopt the UPOAA. POAs are governed by common law and the Massachusetts Uniform Probate Code at M.G.L. c. 190B, §§ 5-501 to 5-507. POA must be signed by the…
- How does probate work in Massachusetts?
Massachusetts probate typically runs 9-12 months under the Massachusetts Uniform Probate Code (MUPC), M.G.L. c. 190B. Massachusetts adopted the UPC effective 2012. Voluntary…
- Can I disinherit my spouse or child in Massachusetts?
Massachusetts grants a surviving spouse a waiver-of-will election: one-third of personal and real property if there are issue, or up to $25,000 plus life estate/income in larger…
- How do I petition for guardianship or conservatorship in Massachusetts?
Massachusetts adopted the Uniform Probate Code in 2009: 'guardian' for personal decisions and 'conservator' for property under M.G.L. Ch. 190B, Art. V. Both apply to incapacitated…
- How do I create an advance healthcare directive in Massachusetts?
Massachusetts uses a Health Care Proxy (M.G.L. c. 201D) — there is NO living will statute. Two adult witnesses required; agent cannot witness. MOLST is the physician-signed order…
- How do I file a quitclaim deed in Massachusetts?
Massachusetts uses "Quitclaim Deed" as its standard conveyance form, with implied limited warranties against grantor's acts (G.L. c. 183 § 11, § 17). Grantor signs and…
- What is the homestead exemption in Massachusetts and how do I claim it?
Massachusetts provides an automatic $125,000 homestead and a $500,000 declared homestead per residence (M.G.L. ch. 188 §§ 1-14). Elderly (62+)/disabled receive $500,000 EACH. File…
Traffic (6)
- How do I fight a parking ticket in Massachusetts?
Massachusetts parking tickets are governed by M.G.L. c. 90, § 20A and § 20A½. You have 21 days to pay or contest by requesting a hearing with the city Parking Clerk. Boston…
- How Long Do You Have to Register a Car in MA After Purchase?
Massachusetts has one of the shortest grace periods — new residents must register within 7 days of using the vehicle under M.G.L. ch. 90, § 3. Purchased vehicles must be…
- How do I get my driver's license reinstated in Massachusetts?
Massachusetts reinstatement fees range $100–$1,200 (M.G.L. c. 90, § 33) — among the highest in the country. After OUI, a 24D program is required for 1st offenders; SR-22 not used…
- How do I fight a speeding ticket in Massachusetts?
Massachusetts drivers receiving a non-criminal citation under MGL Ch. 90 § 17 can pay, request a Clerk-Magistrate Hearing ($25 filing fee), and if found responsible, appeal to a…
- What are the open container laws in Massachusetts?
Massachusetts MGL ch. 90 § 24I prohibits possession of an open container of alcohol in the passenger area of a motor vehicle on any way. Civil motor vehicle infraction, fine…
- What happens if I get an OUI in Massachusetts?
Mass. Gen. Laws ch. 90 § 24 (called OUI - Operating Under the Influence) sets per se at 0.08% BAC (0.04% commercial, 0.02% under-21). First OUI: up to 2.5 years in House of…
Civil Procedure (4)
- What is the small claims limit in Massachusetts?
Massachusetts small claims court hears cases up to $7,000 under M.G.L. c. 218 § 21 (no limit on property damage from motor vehicles). Filing fees are $40-$150 by claim amount…
- What is the statute of limitations in Massachusetts?
Massachusetts civil limitations: personal injury 3 years (M.G.L. c. 260, § 2A), written contract 6 years (c. 260, § 2), oral contract 6 years (c. 260, § 2), property damage 3…
- Can I get out of jury duty in Massachusetts?
Massachusetts requires US citizens, 18+, county residents under G.L. c. 234A § 4. A person 70 years of age or older who indicates on a juror summons response an election not to…
- How do I legally change my name in Massachusetts?
File a Petition for Change of Name of Adult in the Probate and Family Court of your county (M.G.L. c. 210, § 12), pay approximately $180 in fees, submit a certified copy of your…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.