Retail installment sales
MGL c.255, § 17 Liens on vessels; enforcement
Writ of execution (process to enforce a judgment for the payment of money)
MGL c.235 Judgment and execution
Selected case law
Williams v. American Honda Finance Corporation, 479 Mass. 656 (2018)
The fair market value of a repossessed car is not the fair market retail value. The pre- and post-sale notices "must describe the deficiency as the difference between the fair market value of the collateral and the debtor's outstanding balance." See U.S. First Circuit Opinion at Williams v. American Honda Finance Corporation, 907 F.3d 83 (1st Cir. Mass. 2018)
Affidavit of repossession, Registry of Motor Vehicles.
How can I avoid repossession?, MassLegalHelp. (January 2021)
My car was taken from me. What do I need to know?, Mass. Attorney General.
Learn your rights if your car is repossessed.
Vehicle repossession, Federal Trade Commission. Not specific to Massachusetts, includes general information on what happens if your car is repossessed, including details such as what happens when a creditor sells your car, what happens to your personal property inside the car, and more.
What is repossession?, MassLegalHelp. (February 2021)
What is “voluntary repossession”?, MassLegalHelp. (January 2021)
Collection law: debtor/creditor practice, procedure, remedies, 4th ed. (Mass. Practice v. 48 and v. 48A) Thomson Reuters 2015 with supplement. Chapter 15 Repossession of Consumer Goods. Chapter 17 Forms. Chapter 9. Use of Execution.
Consumer law, 3rd ed. (Mass. Practice v. 35A and v. 36) Thomson Reuters, 2010 with supplement.
Chapter 20. Debt Collection. E. Extrajudicial Collection Practices. (8) Repossession Practices, F. Judicial Collection Practices, and G. Private Remedies for Statutory Violations.
Handbook of civil procedure in the Massachusetts district court, 5th ed., Lawyers Weekly, 2018 with supplement. Chapter 11. Execution and Chapter 20. Repossession of Motor Vehicles.
Motor vehicle law and practice: with forms, 5th ed. (Mass. Practice v. 12) Thomson Reuters, 2021. Chapter 4. Purchase, Sale, and Lease of Motor Vehicles D. Debt Collection and Repossession.
Repossessions, 9th ed, by Carolyn L. Carter. National Consumer Law Center, 2017. (To update, requires use of online version.)
|Last updated:||May 10, 2021|