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.
If the law is not followed, and the repossession company tries to repossess your vehicle, 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.
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 it tries to repossess your vehicle at night, the repossession is also illegal.
If you feel that you are the victim of an illegal repossession please contact our law firm. You can be entitled to statutory damages, possible actual damages that you might have suffered, and you could also possibly be entitled to be let out of the loan financing agreement. 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 will be quick and 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.