Legal Question in Credit and Debt Law in Massachusetts
I need representation for an auto repossession. It was taken last night and I have 20 days to remedy. When speaking with the creditor, they refuse to work with me to cure the default and arrears, they will only take the full balance of the loan. I do not want to lose the car and damage my credit. Do I have any rights under Massachusetts law?
2 Answers from Attorneys
The easiest way - but not cheap - is to filea bankruptcy case. Depending on your overall circumstances, a bankruptcy case offers you several alternatives, and puts you in control of the solution. There are several very good bankruptcy attorneys in your area. Call me for a referral. There is not much you can do about your credit, which is already damaged. Getting your at back should be the priority.
You do have rights under Massachusetts Laws. The creditor must give you the opportunity to cure the default�to pay the past due amount plus the cost of repossession. The creditor is NOT allowed to accelerate your debt unless the creditor has given you a written notice of the creditor's election to accelerate the debt.