One of the most devastating consequences of defaulting on a motor vehicle loan is getting your car repossessed. Depending on the jurisdiction, this may happen without the lender necessarily going to court or issuing advance notice.
No one wishes to fall behind with their loan repayments. But in the unfortunate event that you do, it’s important to understand your legal rights.
We’ve rounded up the five key facts to know about car repossession law, with a focus on the State of Massachusetts. 
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1. Creditor Must Issue Reasonable Notice
Falling behind with your motor vehicle loan repayments doesn’t give a creditor the right to seize your car without sufficient notice.
Massachusetts car repossession law requires lenders to notify defaulting clients at least ten days after default. While the notice duration may vary depending on your creditor, it cannot be less than ten days.
Check the loan terms you signed for insights into the default clause. Some creditors will consider you to have defaulted if you fail to remit at least one payment, during which the general 10-day rule would have taken effect.
Besides receiving a default notice at least ten days later, the notice should indicate your outstanding loan balance and the payment due date. Failure to comply with these requirements can result in the creditor losing the balance of the deficiency.
However, a pre-repossession notice isn’t mandatory if you’ve already received at least three default notices before.
2. Notice Must Be Properly Titled and Precisely Worded
Massachusetts car repossession law spells out how creditors should title and word every pre-repossession notice.
Each notice must bear the title “Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act.” Underneath the body should be a specific text providing you with a “default cure” period.
The default cure is the grace period within which you must pay off the outstanding balance before the creditor proceeds with the repossession. It’s typically 21 days.
Assume that you owe Richmond Auto Financiers $100,000 and have defaulted on your payments for at least ten days as of June 10, 2025. The notice would read as follows (the bolded sections must be included verbatim);
“You may cure your default in the purchase of the Jeep Wrangler 2020 Model Chassis Number () by paying Richmond Auto Financiers – Shelbyville, TN 37150, the amount due of $100,000 before July 2, 2025.”
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3. Creditor Cannot Breach the Peace
In Massachusetts, a breach of peace constitutes any act or conduct that causes reasonable disruptions or annoyance to other people. It’s also known as disturbing the peace.
Examples of breach of peace include making loud noises, engaging in physical altercations, inciting violence, and issuing threats of harm.
Car repossessions in Massachusetts should be reasonably quiet and professionally executed.
The state bars creditors from disrupting public order during repossessions, a breach of which could entitle you to compensation of up to $1,000 in damages.
Even if you’ve received prior repossession notices, you must still give your express affirmation for the creditor to go ahead with the process. Lenders cannot use force, coercion, or threats of violence to execute repossession.
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4. Trespassing Isn’t Allowed Either
When applying for a loan, you typically include your physical address.
Lenders require this information as proof of address, as well as access to your location in the unfortunate event of a default.
But a creditor cannot simply barge into your property and seize your vehicle. In fact, Massachusetts law explicitly prohibits trespassing while executing a car repossession.
Trespassing is a misdemeanor offense attracting modest fines of up to $100 or a jail term of up to 30 days.
In the case of car repossessions, the creditor may be slapped with an additional $1,000 in damages. They could incur even heavier penalties if investigations establish that additional crimes, such as property damage, were committed during the trespassing.
5. Your Rights Don’t End Upon Vehicle Repossession
Even after a creditor repossesses your vehicle defaulting on a loan repayment, you still have several rights as a borrower.
First off, the lender must report the incident to a local police department within an hour following the repossession. Failure to do so could have them charged with unlawful possession.
Besides, the creditor must send you a post-repossession notice. The notice outlines your rights and the steps the lender wishes to take with the vehicle.
Also, a creditor cannot sell, dispose of, or keep your items found in the vehicle. They must return such possessions to you as soon as possible.
If the lender chooses to resell the vehicle, they must give you at least 21 days to reclaim it. And upon selling the car, they should either pay you any surplus amount or claim a deficiency balance. A deficiency only applies if the amount owed is more than $2,000.
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Bottom Line
Getting your motor vehicle repossessed for defaulting on a loan can be grossly inconveniencing, especially if it’s a business car.
Fortunately, Massachusetts car repossession laws are remarkably borrower-friendly. Besides mandating the lender to issue a fair notice before repossessing your car, the law stops the repossession agent from disposing of the vehicle or selling your possessions.
Working with an experienced repossession lawyer is your best bet when navigating Massachusetts car repossession law.
The attorney will help you negotiate an amicable solution with the creditor. And if the negotiations fail, your attorney will safeguard your legal rights through the repossession procedure.
