Home / Subrogation Map / Massachusetts

Massachusetts

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 1

Med Pay Subrogation - No

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Warranty 3 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Wage attachments may be obtained by bringing an action for trustee process, based on judgment only, usually after unsuccessful supplementary process proceedings; After service of the trustee process complaint upon the debtor, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and must be served on each payday by an officer; The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor; After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to “charge the trustee”. After a ten-day appeal period, the Clerk’s Office will issue a trustee execution, which must be served on the employer-trustee by an officer. The execution directs the employer to hand the withheld funds over to the officer
 


Parental Responsibility

Minor between 7 and 18
Dollar Limit on Parents’ Liability: $5,000
Liability imposed for minor’s willful act that causes injury to person or damage to property
 


Subrogation by Landlord's Carrier against Tenant

No for residential lease

Yes for commercial lease if clearly allowed in lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

Send Us a File

Handling cases through our nationwide network of subrogation attorneys. Contact us or call 877-723-0412

Need to Make a Payment?

Pay Online

Make a secure payment online now

Contact us

Mailing address:
Post Office Box 80669
Charleston, SC 29416

Toll Free 877-723-0412

Physical address:
3030 Ashley Town Center Drive
Building B, Suite 201
Charleston, SC 29414