What are the Massachusetts laws on repossession?

Answer 1

i know all the answers but that info is too valuable for me to give out because I'm a repoman and it would lose me money.sorry....(maybe for the right price)

In Massachusetts if you fall behind in your car payments, your car lender can not just take your car. However, after you are 30 days past due a lender can decide to repossess your car (this can also happen if you fail to keep your car insured). A lender must send you a notice called the "Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act" giving you 21 days to cure the default. If you do not cure the default and the lender takes your car, you must be given a second notice stating the creditor's intention to sell the car and giving you an additional 20 days to redeem it.

I know the law and I'll tell you for free here it is.

look up ma gen law 255 13j Subject to the provisions of this section a secured creditor under a consumer credit transaction may take possession of collateral. In taking possession the secured creditor under a consumer credit transaction may proceed without a prior hearing only if the default is material and consists of the debtor's failure to make one or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral, and only if possession can be obtained without use of force, without a breach of peace and, unless the debtor consents to an entry, at the time of such entry, without entry upon property owned by,or rented to the debtor.

basically if a repo guy comes to your house call the police and state that you have a trespasser on your property and you want them removed. If the police try to get you to hand over the car . You by law can say no because they are not supposed to get involved in civil matters and this is a civil matter. Let's keep the repo guys honest I realize they have a job to do but there is a right way and a wrong way. by the way they are supposed to register with the police dept before coming to your house. if the police try not to do anything put the guy under citizens arrest for breach of peace and trespassing which could be criminal

Answer 2

In Massachusetts, creditors can repossess a vehicle if the borrower defaults on the loan, without going to court. However, they must notify the borrower before the repossession and cannot "breach the peace" during the process. Creditors also need to inform the borrower of their rights after repossession and give them an opportunity to redeem the vehicle.