Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 5 (2026)

Penalties and forfeitures

✓ current as of July 2026

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Section 5. Actions for penalties or forfeitures under penal statutes, if brought by a person to whom the penalty or forfeiture is given in whole or in part, shall be commenced only within one year next after the offence is committed. But if the penalty or forfeiture is given in whole or in part to the commonwealth, an action therefor by or in behalf of the commonwealth may be commenced only within two years next after the offence is committed. This section shall not apply to any action set forth in section five A.

Notes of Decisions

Cited in 10 cases, 1975–2013 · leading case: Anawan Ins. Agency, Inc. v. Div. of Ins., 459 Mass. 592 (Mass. 2011).

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Anawan Ins. Agency, Inc. v. Div. of Ins., 459 Mass. 592 (Mass. 2011). · cites it 5× “The appeal, which is before us on further appellate review, raises three principal issues: (1) whether the statute of limitations set out in G. L. c. 260, § 5, or G. L. c. 260, § 5A, governs enforcement actions brought by the division under G.”

Zora v. State Ethics Comm'n, 615 N.E.2d 180 (Mass. 1993). · cites it 2× “The plaintiffs have maintained throughout that, in *647 their particular cases, the commission’s adjudicatory proceedings are barred by the two-year statute of limitations set forth in G. L. c. 260, § 5. This two-year statute of limitations applies to actions brought by the…”

Passatempo v. McMenimen, 960 N.E.2d 275 (Mass. 2012). “93A, § 9, an action governed by a general statute of limitation, G. L. c. 260, § 5. We held that, because the procedural prerequisites for filing claims under the ordinance differed from those required by G.”

Lynch v. Signal Fin. Co. of Quincy, 327 N.E.2d 732 (Mass. 1975). · cites it 3× “We hold that an action to enforce that liability, though denominated an action of contract, is an action for a penalty under a penal statute and is subject to G. L. c. 260, § 5, requiring that the action be commenced within one year after the offense is committed.”

Town of Nantucket v. Beinecke, 398 N.E.2d 458 (Mass. 1979). “140C, § 10 (b), is an action for a penalty under a penal statute subject to G. L. c. 260, § 5, requiring that it be commenced within one year after the offense is committed, we looked to the Federal act for guidance.”

Goodwin Bros. Leasing, Inc. v. Nousis, 366 N.E.2d 38 (Mass. 1977). “, G. L. c. 260, § 5. We find the choice of these particular words instructive.”

Commonwealth v. One 1976 Cadillac DeVille Auto., 403 N.E.2d 935 (Mass. 1980). “6 There is, however, a statute, G. L. c. 260, § 5, which provides nominally that if a forfeiture under a penal statute is given in whole or in part to the Commonwealth, the Commonwealth’s action to recover it must be commenced “within two years next after the offence is…”

Reynolds Indus., Inc. v. Mobil Oil Corp., 618 F. Supp. 419 (D. Mass. 1985). “The court ruled that the one-year statute was inapplicable to a claim for actual damages where the complexity of the price regulations made it difficult to determine noncompliance, but did not find it per se contrary to the national policy underlying the EPAA. Id. at 991.…”

Morra v. Casey, 960 F. Supp. 2d 335 (D. Mass. 2013). “The legislature may reasonably have considered that some plaintiffs would struggle to establish actual damages and could consequently have decided to impose exemplary damages to further statutory compliance. 23 The court cannot conclude that damages of $100 to $1,000 are…”

Infantino v. Murphy, 14 Mass. L. Rptr. 681 (Mass. Super. Ct. 2002). “G.L.c. 260, §5 A provides a four-year statute of limitations for actions brought under G.”

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