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MA car repossession from private property

I have not paid my car payments and the car is being repossessed. I understand this and know I can't stop the repossession, but I want to keep the car as long as possible and I do not want people coming onto my property and possible frightening my children. I have heard that the repossession cannot take place on my property. Is that rue?

Editor's Response

Yes.  There are some general rules that lenders (and the people they hire to repossess cars) must follow.  The lender cannot use force or breach the peace when repossessing a car, truck or other vehicle.  And, the lender cannot enter you property, or property that you lease, unless you give your consent.  Naturally, there are some repo men who attempt to lie or use intimidation to get around this prohibition, but if you stand your ground and refuse permission, the repossession agent must either honor your wishes or face statutory damages.  On the other hand, as you know, they are going to get the car eventually, even if they have to get a court order to take it from your property.  If you are worried about the kids, maybe you should hand over the car at a time when the kids are away or at school.

Follow this link for more information about the repossession process in MA and your rights.  If you are interested in doing more research, you can start with Massachusetts General Laws Chapter 255, Section 13J.  Here is some relevant language:

Section 13J. (a) 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.

For more general information, visit our Massachusetts Consumer Law Discussion Forum.

 

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