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Massachusetts law about repossession

A compilation of laws, cases, and web sources on repossession law by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

Consumer credit

 MGL c.255, s.13I Default; Curing Default
 MGL c.255, s.13J Repossession

Motor vehicles

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

Retail installment sales

 MGL c.255D, s.21 Default; Curing Default
 MGL c.255D, s.22 Repossession

Vessels (boats)

 MGL c.255, s.17 Liens on Vessels; enforcement

Court rules

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

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."

Forms

Affidavit of Repossession, Registry of Motor Vehicles.

Web sources

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.

Print sources

Collection Law (Mass. Practice v. 48-48A), by Jordan Shapiro, 2015 with supplement

Repossessions, 9th ed, by Carolyn L. Carter. National Consumer Law Center, 2017 with supplement.

Contact

Last updated: October 10, 2018

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