Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 2 (2026)

Transitory actions; district courts

✓ current as of July 2026

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Section 2. Except as provided in section twenty-one of chapter two hundred and eighteen, a transitory action in a district court shall be brought in a court in the judicial district where one of the parties lives or has his usual place of business or in a court, the judicial district of which is adjacent to the judicial district where one of the parties lives or has his usual place of business or, if in connection with the commencement of such an action the approval of trustee process is sought, that action shall be brought in a court in the judicial district where one of the parties or any person alleged to be trustee lives or has a usual place of business, or in a court the judicial district of which adjoins the judicial district where one of the parties or one of the alleged trustees lives or has a usual place of business; provided, however, that an action may be brought in the municipal court of the city of Boston as provided in section fifty-four of chapter two hundred and eighteen.

Said courts shall have jurisdiction of a transitory action against a defendant who is not an inhabitant of the commonwealth, if personal service or an effectual attachment of property is made within the commonwealth; and such action may be brought in any of said courts in the county where the service or attachment was made.

Notes of Decisions

Cited in 16 cases, 1930–2019 · leading case: Lowell Gas Co. v. Attorney Gen., 385 N.E.2d 240 (Mass. 1979).

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Lowell Gas Co. v. Attorney Gen., 385 N.E.2d 240 (Mass. 1979). · cites it 2× “93A, even though the practice was permitted under the venue provisions of G.L.c. 223, § 2. We held there that such conduct was actionable as an unfair practice under G.”

Schubach v. Household Fin. Corp., 376 N.E.2d 140 (Mass. 1978). · cites it 2× “HFC contends that its collection actions are brought in accordance with G. L. c. 223, § 2, as amended by St. 1975 c.”

Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019). “223, § 1 ("If neither party lives in the commonwealth, the action may be brought in any county"); G. L. c. 223, § 2 (district courts "shall have jurisdiction of a transitory action against a defendant who is not an inhabitant of the commonwealth, if personal service or an…”

Herman v. Admit One Ticket Agency LLC, 912 N.E.2d 450 (Mass. 2009). “, supra (defendant creditor’s practice of filing collection actions in locations inconvenient to debtors to increase likelihood of default judgment, although permissible under venue provisions of G. L. c. 223, § 2, could still be deemed unfair).”

Harrington v. Cacv of Colorado, LLC, 508 F. Supp. 2d 128 (D. Mass. 2007). “” Mass. Gen. Laws ch. 223, § 2 . Thus, Defendants argue, Plaintiffs home is within the jurisdiction of both the Fal-mouth and Barnstable District Courts.”

Cadillac Auto. Co. of Boston v. Engeian, 157 N.E.2d 657 (Mass. 1959). “” Her argument is that its prohibition against her removing any action brought against her from the court originally acquiring jurisdiction is in its effect a waiver of her right to a jury trial which is void as against public policy, and invalidates the guaranty.”

Ferranti v. Lewis, 171 N.E. 232 (Mass. 1930). “G. L. c. 223, § 2. The petitioners in their petition do not seek relief on this ground; they contend that the judgment should be vacated because no one was authorized to act for them and confess judgment.”

Pinson v. Potter, 10 N.E.2d 136 (Mass. 1937). “Noncompliance with G. L. c. 223, § 2, as amended by St. 1934, c.”

Natal v. City of New Bedford, 13 Mass. L. Rptr. 453 (Mass. Super. Ct. 2001). · cites it 3× “§1983 , wrongful death pursuant to G.L.c. 223, §2, and negligence under the Tort Claims Act, G.”

Udemba v. Lipede, 2013 Mass. App. Div. 125 (Mass. Dist. Ct., App. Div. 2013). “(ii) if such action was originally entered in the Superior Court to any District Court, including the Boston Municipal Court, in which it could have been brought under the provisions of G.L.c. 223, §2....” Lipede argues that Udemba should have moved for the entry of separate…”

Pacelli v. Piniere, 15 Mass. App. Dec. 142 (Mass. Dist. Ct., App. Div. 1958). · cites it 2× “G. L. c. 223, §2 requires that such transitory actions, commenced by a common writ in a District Court, be brought in the county where the defendant lives or has a usual place of business.”

White v. Nissan Motor Corp., 7 Mass. L. Rptr. 384 (Mass. Super. Ct. 1997). “Rule 29 of the Rules of the Superior Court, which provides for the inclusion of a Civil Action Cover Sheet in all cases commenced in Superior Court, specifies that when a required Civil Action Cover Sheet is not included with the complaint filed in Superior Court, the…”

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