In many states, you are entitled to relief if a repossession company repossesses your vehicle illegally.
In Massachusetts, for example, the Massachusetts Illegal Repossession Law (Mass. Gen. Laws c. 255B, § 20B) states that if you are not in default on payments on your vehicle, then your vehicle cannot be repossessed.
If you are in default, you still have to be given proper requisite notice that you have 21 days to cure the default and get up to date in payments. If you do not get this notice, then your vehicle cannot be repossessed.
In Massachusetts, if a repossession company tries to repossess your vehicle by coming onto your property without your permission, it is trespassing illegally on your property. If your vehicle is on your property, and not on the street, and you tell the repossession company’s agent that it is not to take your vehicle, it must leave your property. It cannot still proceed to try to repossess your vehicle. Otherwise, it would be committing an illegal trespass, as well as a breach of the peace. A breach of the peace is illegal. A repossession company also cannot damage your vehicle or any of your property during the repossession, or that would also be considered a breach of the peace
In Massachusetts, after being told to leave your property, a repossession company cannot come back to repossess your vehicle without first obtaining a court order. If the repossession company comes back to take your vehicle without first obtaining a court order, any resulting repossession is illegal.
If you feel that you are the victim of an illegal repossession in Massachusetts, please contact Rights Protection Law Group, PLLC. You can be entitled to statutory damages and possible actual damages that you might have suffered. You could also possibly be entitled to a waiver of any deficiency balance. You can also be entitled to having your attorney’s fees and costs paid.
We would like to hear your story to see if there is something we can do to help you; the consultation would be free. People may fall on hard times and fall behind in payments on a vehicle, but no one should be subjected to an illegal repossession.