Massachusetts law about repossession

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Massachusetts laws

Consumer credit

 MGL c.255, § 13I Default; curing default
 MGL c.255, § 13J Repossession

Motor vehicles

 MGL c.255B, § 20A Default; curing default
 MGL c.255B, § 20B Repossession
 MGL c.255B, § 20C Repossession notice to police
 MGL c.90D, § 17 Title transfer following repossession

Retail installment sales

 MGL c.255D, § 21 Default; curing default
 MGL c.255D, § 22 Repossession

Vessels (boats)

 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

Court rules

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

Rules of Civil Procedure Civil Procedure Rule 69: 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).

 

Forms

Affidavit of repossession, Registry of Motor Vehicles.

Web sources

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.

What is repossession?, MassLegalHelp (February 2021).

What is “voluntary repossession”?, MassLegalHelp (January 2021).

Print sources

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.

Massachusetts Practice:

• vol. 11 (Motor vehicle law and practice: with forms), 5th ed. Thomson Reuters, 2021 with supplement, Chapter 4, Section D.
• vol. 36 (Consumer law), 4th ed. Thomson Reuters, 2021 with supplement, Chapter 20, Sections E(8), F, G.
• vol. 48-48A (Collection law: debtor/creditor practice, procedure, remedies), 4th ed. West Group, 2015 with supplement, Chapters 9, 15, 17.

Repossessions, 10th ed., National Consumer Law Center, 2022. (To update, it requires use of online version.)

Last updated:	October 31, 2022