Legal Question in Credit and Debt Law in Massachusetts

Repossession without notice in MA
My van was repossessed last night and I never received a written letter from the bank stating their intent to repo if I didnt pay my past due balance to them by such date. Is this legal? I am behind on my payments but none of the collections reps told me that my account was flagged for repo. According to my research, they should have sent me a ''�Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act'' letter. Note: I had the same car taken last January but redeemed it before auction. i just want to know if the repo was justified. Also, I was about 5 payments behind. If it wasn't legal, do I have any legal recourse?

Asked on 11/10/08, 2:08 pm

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

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Re: Repossession without notice in MA

Your rights are defined under the Massachusetts Motor Vehicle Installment Act, and , as such, you should have received proper notice (including a right to redeem within 20 days subsequent to repossession) prior to repossession. If in fact, your rights under the Act were violated, the Act provides for damages. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))

Answered on 11/26/08, 12:17 pm

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