Legal Question in Credit and Debt Law in Massachusetts
credit card debt
Is it legal in the state of Mass to sieze someones car for a debt collection?
2 Answers from Attorneys
Re: credit card debt
It is legal in two instances: first, if the collector has a security interest in the car, like a lien if the car was financed with that collector; or second, if the collector obtained a judgment and execution through the courts and seized the car through the Sheriff's department. Then they must give you back $700 of the value of the car.
Feel free to contact me with additional questions. If you want to get the car back, there are ways to do this with a Chapter 13 bankruptcy without paying anything to the collector.
Re: credit card debt
It depends upon whether the vehicle is exempt from attachment under Massachusetts General Laws Chapter 235, Section 34 and whether the creditor has followed the appropriate procedure articulated in Massachusetts General Laws, Chapter 223, Section 44A.;))