Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 9 (2026)

Nonresident defendant; suspension of limitation

✓ current as of July 2026

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Section 9. If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a cause of action has accrued, the person against whom it has accrued resides out of the commonwealth, the time of such residence shall be excluded in determining the time limited for the commencement of the action; but no action shall be brought by any person upon a cause of action which was barred by the laws of any state or country while he resided therein.

Notes of Decisions

Cited in 27 cases, 1923–2017 · leading case: Wilcox v. Riverside Park Enter., Inc., 505 N.E.2d 526 (Mass. 1987).

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Wilcox v. Riverside Park Enter., Inc., 505 N.E.2d 526 (Mass. 1987). · cites it 6× “We granted further appellate review to consider the interpretation to be given to G. L. c. 260, § 9, 2 including its last clause, the so-called “borrowing clause.”

Walsh v. Ogorzalek, 361 N.E.2d 1247 (Mass. 1977). · cites it 4× “The judge ruled that G. L. c. 260, § 9, 1 which provides for the suspension or “tolling” *272 of the statute of limitations for the period during which a defendant resides out of the Commonwealth, is not applicable when a nonresident defendant could be served pursuant to G.”

Woodcock v. Am. Inv. Co., 380 N.E.2d 624 (Mass. 1978). · cites it 4× “Thus, even if the plaintiffs here have alleged a derivative claim based on a breach of contract, this action was commenced more than five years after the cause of action accrued, and the Missouri five-year statute of limitations, applicable pursuant to G. L. c. 260, § 9, bars…”

Wilcox v. Riverside Park Enter., Inc., 487 N.E.2d 860 (Mass. App. Ct. 1986). · cites it 4× “The statute, G. L. c. 260, § 9, provides as follows: “If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a…”

Mohamed Habib & Middle East Servs. v. Raytheon Co. & Raytheon Servs. Co., 616 F.2d 1204 (D.C. Cir. 1980). · cites it 2× “Third, Judge Gasch held that even if Massa *1208 chusetts law applied to the action, a court would have to look not only to Massachusetts’ statute of limitations but also its borrowing statute, Mass.Gen.Laws Ann. ch. 260, § 9, which would direct the court back to the District of…”

Xuncax v. Gramajo, 886 F. Supp. 162 (D. Mass. 1995). “” Mass.Gen.L. ch. 260, § 9. Because plaintiffs brought suit within three years of the date defendant entered the Commonwealth, (Xuncax Complaint filed June 6, 1991, ¶ 8 (stating Gramajo “came to the United States on or about September 1990”)), their action is timely under…”

Alves v. Siegel's Broadway Auto Parts, Inc., 710 F. Supp. 864 (D. Mass. 1989). · cites it 2× “Leach argues, quite correctly, that Mass.Gen.L. ch. 260, § 9 is just such a borrowing statute.”

Gordon & Co. v. Ross, 63 F. Supp. 2d 405 (S.D.N.Y. 1999). · cites it 2× “260, § 9 (West 1998) (“Nonresident defendant; suspension of limitation”), provides: “If, when a cause of action hereinbefore mentioned accrues against a person, he resides outside of the commonwealth, the action may be commenced within the time herein limited after he comes into…”

New England Tel. & Tel. Co. v. Gourdeau Constr. Co., 647 N.E.2d 42 (Mass. 1995). “See G. L. c. 260, § 9 (1992 ed.). The scope of that statute is narrow.”

Wescott v. Henshaw Motor Co., 175 N.E. 153 (Mass. 1931). · cites it 2× “346, § 10, is controlled by G. L. c. 260, § 9, this section providing in effect that residence out of the State is to be excluded in détermining the time to bring an action.”

Gaudette v. Webb, 284 N.E.2d 222 (Mass. 1972). “82, 86 (holding that G. L. c. 260, § 9, which tolls the statute of limitations while the defendant is residing out of the Commonwealth, was not applicable to an action for wrongful death), and was more recently referred to with approval, although not applied, in Noon v.”

Hunt v. Enzo Biochem, Inc., 471 F. Supp. 2d 390 (S.D.N.Y. 2006). “051 (1)(a)(2003); Mass. Gen. Laws ch. 260 § 9; S.C.Code Ann.”

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