Massachusetts Family Law Attorneys
Vehicle Repossession

Vehicle Repossession

Massachusetts Vehicle Repossession Lawyers

One of the most difficult aspects of financial struggle is discovering that you no longer have a car because it’s been repossessed by the lender. If you are facing vehicle repossession or your car has already been taken, help is available! Our team of MA vehicle repossession lawyers understand the state’s laws and are ready to help you make the decisions needed to restructure your debt, get your car back, or other options that might be available.

Call our Massachusetts vehicle repossession lawyers now for help. We assist clients with all types of financial recovery needs, including bankruptcy filings, to help people get back on their feet. We’re ready to talk at no cost when you dial (508) 502-7002.

How Does Vehicle Repossession Work?

When a person takes out a loan to purchase a vehicle, they agree to pay the loan in fixed installments in as they possess and use a vehicle. Loans typically consist of a fixed payment for the cost of a car and interest that is added to each payment. While car loans are one of the easiest ways to obtain a car, sudden financial struggle makes falling behind on them an easy task.

When a person falls behind on their car loan payments, the lender can repossess their car without notifying them. The details for when a car can be repossessed by a lender are included in the loan agreement signed at the time of purchase. While a lender doesn’t have to notify a person that they’re planning to repossess a car, they must make sure they follow the terms of the loan and follow certain state requirements before doing so.

What Notifications Do Lenders Have to Send Before Car Repossession?

While the lender doesn’t have to notify a person when a car repossession will occur, they must follow a series of other notifications before they take back a vehicle.

Lenders must follow these steps before repossessing a car:

  • Send a notice titled “Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act” after 10 or more days of a missed payment.
  • The notice must provide a person at least 21 days to catch up on payments. This is known as the default cure period.
  • The notice must be dated.
  • The notice must inform a person how much they need to pay to catch up on payments.

What Should You Do After Vehicle Repossession in Massachusetts?

First, you should contact a vehicle repossession lawyer to discover what your options are. The state has rules that lenders must follow before repossessing a car. We’re ready to look at your situation and help you decide what options are best for you. If a lender didn’t obey the terms of your loan agreement or didn’t follow state law for repossession, our team is ready to hold them accountable on your behalf. If you can’t make a car payment and have other financial struggles, bankruptcy might be best for you. You can learn more about Chapter 7 and Chapter 13 bankruptcy by visiting our pages about them.

Finally, if a lender resells a person’s repossessed vehicle for more than they owed on the loan, it must pay the person the difference.

Massachusetts Vehicle Repossession Rules

Notably, there are rules that lenders must use during the repossession. First, the law bans lenders from using force or threats to repossess a vehicle. Second, a lender has top receive permission before repossessing a vehicle that’s on property that the debtor owns or leases. If they wish to repossess a vehicle that’s on property not owned or rented by the debtor and that isn’t public, they need to make sure they don’t “breach the peace” or use disorderly behavior. A person or company that repossesses a vehicle must inform local law enforcement that they will be doing so within one hour of the action.

Lenders must also do the following:

  • Allow a person to retrieve personal property from inside a vehicle
  • Inform a person how much they need to pay to get the vehicle back
  • Give a person 20 days from the date of repossession to pay
  • Resell a repossessed car for a commercially reasonable price
  • A loaner can’t collect additional fees amounting to more than $2,000

Finally, if a lender resells a person’s repossessed vehicle for more than they owed on the loan, it must pay the person the difference.

Our Team Is Ready to Help Now at (508) 502-7002

At Miller Law Group, P.C., we understand how difficult car repossession can be. Our team knows that you rely on your car and will work to make sure every option is explored to find a solution that works for you. We’re completely focused on Massachusetts law, so you can be certain that the right person is looking at your situation. Calling us is free, confidential, and could help you discover options that you didn’t know you had!

Call our MA car repossession attorneys today at (508) 502-7002. We’re ready to help you discover your options during a free initial consultation.

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