Korth Law Office

Massachusetts law protects consumers who fall behind on their car payments from abusive repossessions. These protections include:

 

• The lender has to give you at least 3 weeks’ notice by mail before repossessing the vehicle.

• You generally have a right catch up on your missed payments up until the repossession occurs.

• Repossession is generally not allowed for any reason other than missed payments, making most yo-yo repossessions illegal.

• Repossessors cannot go on to property owned or rented by you without either your express permission or a court order. If the repossessor doesn't have court documents, you don't have to give him your keys.

• Repossessors cannot breach the peace. Breach of the peace includes but is not limited to, breaking and entering a closed gate or garage, causing damage to other property, or calling the police without a court order.

 

If you are the victim of repossession that is wrongful for any of the above reasons you may be entitled to recover thousands of dollars and/or having any remaining amount owed on your auto loan canceled. Wrongful repossession generally does not entitle you to have the vehicle back. However, if the lender has not already auctioned off the vehicle, an attorney may be able to get your vehicle back via a negotiated settlement.