Legal Question in Consumer Law in Massachusetts

Re: Car repo'd, but check had already posted to my bank account

Before you decide how to proceed you should first take a look at MGL c. 255B Section 20A which gives the notice requirement for repossession of MOTOR VEHICLES:

CHAPTER 255B. RETAIL INSTALMENT SALES OF MOTOR VEHICLES

Chapter 255B: Section 20A. Default; enforcement; notice; accelerated payment; curing of default

Section 20A. (a) An agreement of the parties in a retail installment contract defining default is enforceable only to the extent that the default is material and consists of the buyer?s failure to make one or more installments as required by the agreement; or the occurrence of an event which substantially impairs the value of the collateral.

(b) After a default by a buyer under a consumer credit transaction, the secured creditor may not bring an action against the buyer or proceed against the collateral until he gives the buyer the notice described in this section. The notice so required shall be deemed to be delivered when delivered to the debtor or when mailed to the debtor at the debtor?s address last known to the creditor. If a buyer cures a default after receiving notice and again defaults, the creditor shall give another notice before bringing an action or proceeding against the collateral with respect to the subsequent default, but no notice is required in connection with a subsequent default if, within the period commencing on the date of the consumer credit transaction subject to this section and the date of the subsequent default, the debtor has cured a default after notice three or more times.

(c) The notice shall be in writing and shall be given to the buyer ten days or more after the default. The notice shall conspicuously state the rights of the buyer upon default in substantially the following form:?

The heading shall read:??Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act.? The body of the notice shall read:??You may cure your default in (describe transaction in a manner enabling buyer to identify it) by paying to (name and address of creditor) (amount due) before (date which is at twenty-one days after notice is mailed). If you pay this amount within the time allowed, you are no longer in default and may continue on with the transaction as though no default had occurred.........

Then, if you still feel they did not comply, consider retaining an attorney.