Massachusetts General Laws

Mass. Gen. Laws ch. 232A, § 1 (2026)

Payment or tender; past due obligation

✓ current as of July 2026

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Section 1. The payment or tender of payment of the whole amount due on a contract for the payment of money after it is due and payable and before action is commenced shall, if pleaded, have the same effect as if made at the time provided in the contract. Such payment or tender may also be made after action has been commenced if made at least four days prior to the date by which the answer must be filed, with costs to the time of payment or tender. The tender last mentioned may be made to the plaintiff or to his attorney in the action, and, if not accepted, the defendant may avail himself of the tender in defense in like manner as if made before the commencement of the action, bringing into court the amount so tendered.

Notes of Decisions

Cited in 6 cases, 1993–2014 · leading case: Fascione v. CNA Ins. Companies, 754 N.E.2d 662 (Mass. 2001).

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Fascione v. CNA Ins. Companies, 754 N.E.2d 662 (Mass. 2001). · cites it 2× “90, § 34M, that PIP benefits must be paid within thirty days of becoming due and payable, the Superior Court judge cited G. L. c. 232A, § 1, and stated that CNA could have avoided liability under § 34M by tendering payment at any point up to four days before its answer to…”

Barron Chiropractic & Rehab., P.C. v. Norfolk & Dedham Grp., 17 N.E.3d 1056 (Mass. 2014). “” 9 Barron contends also that it was entitled to reject Norfolk’s efforts at late tender pursuant to the tender statute, G. L. c. 232A, § 1. Since we conclude that common-law contract principles govern here, we do not address this argument.”

Meaney v. OneBeacon Ins. Grp., LLC, 25 Mass. L. Rptr. 308 (Mass. Super. Ct. 2009). · cites it 15× “On July 19, 2007, Hanover filed a Suggestion of Intent to Tender, pursuant to G.L.c. 232A, §1. The Suggestion outlined Hanover’s plan to tender payments to 205 potential claimants (awardees) identified by Hanover through an internal review process.”

Atl. Pipe Corp. v. R. J. Longo Constr. Co., 622 N.E.2d 279 (Mass. App. Ct. 1993). “Under G. L. c. 232A, § 1, as appearing in St. 1975, c.”

Banco Do Brasil, S.A. v. 275 Washington Street Corp., 750 F. Supp. 2d 279 (D. Mass. 2010). “During oral argument the Bank referred to Mass. Gen. Laws ch. 232A, § 1 which provides, in part, that "[t]he payment or tender of payment of the whole amount due on a contract for the payment of money after it is due and payable and before action is commenced shall, if pleaded,…”

Metro West Med. Assocs., Inc. v. Amica Mut. Ins., 2010 Mass. App. Div. 136 (Mass. Dist. Ct., App. Div. 2010). “See G.L.c. 232A, §1. Thus, to some extent, the holding in Fascione could be viewed as limited to its facts.”

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