What Is Statue of Limitations for Student Tuition in Massachusetts?

The statute of limitations is a legal principle that prohibits a plaintiff from filing a civil action in court after a designated period of time has elapsed from the date on which his cause of action accrued. Massachusetts, as well as other states, has established by statute certain limitations periods for distinct types of legal claims such as negligence, fraud and breach of contract. A civil action that is filed beyond the specified statute of limitations period is time-barred and may be dismissed by the court.

Tuition Due

A student's obligation to pay tuition for attending an institution of higher education arises by virtue of an existing legal agreement between the student and the college or university. Thus, the applicable statute of limitations for failure to pay tuition due would be that period designated for breach of contract actions.

Massachusetts' Limitations Period

Massachusetts General Laws Chapter 260, Section 2, provides for a six-year limitations period for breach-of-contract actions. The cause of action accrues on the date the tuition agreement was breached. The statute of limitations clock stops on the date a civil action is filed in court.

Procedures

The statute of limitations is an affirmative defense that must be raised by a defendant in accordance with the procedural rules of the Massachusetts courts. When a defendant files his answer to the plaintiff's complaint, he must cite the statute of limitations as a defense to the civil action filed. If a defendant raises the statute of limitations appropriately, he may then request that the court dismiss the action. If the suit was filed outside the six-year limitations period, the court must dismiss the action. A plaintiff whose action is dismissed for failing to comply with the statute of limitations would have no further legal recourse against the defendant.

Considerations

A breach-of-contract action for past-due tuition that has been dismissed under the statute of limitations does not preclude the school from continuing to collect the balance due; it merely means that the school may not use the legal system to compel payment. A college has other collection tools at its disposal, most notably, withholding a former student's transcripts. This is an effective method of recovery in cases where submission of a college transcript is a requirement for a graduate school, and in some cases, an employment application.