District/Municipal Courts Supplemental Rules of Civil Procedure

District/Municipal Courts Supplemental Rules of Civil Procedure  Rule 160: Repossession hearings

Table of Contents

Rule 160

Hearings to determine the rights of secured creditors to take possession of collateral under a consumer credit transaction entered into after January 1, 1974 subject to G.L. c. 255 , 255B or 255D shall be subject to this rule.

(a) Where the request of the creditor for such determination is not ancillary to a pending legal proceeding in the same court, such a hearing shall be on petition filed by the creditor containing (a) a description of the parties, of the property involved and the place where the property is believed to be located, (b) a detailed statement of facts upon which the creditor claims a right of repossession, including facts as to compliance with statutory prerequisites, and (c) a copy of the contract under which the claim of a right of repossession is made. Venue shall be determined for such petition as in the case of a transitory action. If a determination of the right of repossession is sought in a pending legal proceeding between the creditor and debtor, such determination shall be made on motion of the creditor containing the data specified above. Such petition or motion, as the case may be, shall be verified under oath.

(b) The debtor shall be given notice in writing of the hearing on such petition or motion at least seven days in advance thereof. Said notice shall be served on the debtor by delivering the same to him personally or by mailing the same to him, postage prepaid, at his last address known to the creditor. Said notice shall include a copy of the petition or motion and a statement that failure to appear may result in a court order authorizing repossession of the property involved. The petition or motion and a copy of the notice shall be sent to the clerk at least seven days prior to the date of the hearing. A certificate of service by the person giving the notice shall be filed with the clerk.

(c) Before making a determination that the creditor has a right of repossession the court must be satisfied that the conditions of this Rule and the statutory conditions relative to the nature of the default, the notice of the default and all other statutory prerequisites have been met.

(d) In district courts, other than the Boston Municipal Court, hearings on such petitions or motions shall be held on the trial days for the hearing of civil actions, and on any additional days which the several courts may from time to time designate for such hearings.

(e) In the Boston Municipal Court, hearings on such petitions or motions shall be held in the motions session thereof, on motion days.


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