Vehicle & Driving · Repossession
Car Repossession Laws in Massachusetts
Whether Massachusetts gives you notice and time to catch up before a repossession, how to get the car back afterward, and what to do right now, cited to the statute.
The rules and your rights in Massachusetts
Notice before repossession, the no-breach-of-the-peace limit, and how to get the car back.
| Notice before repossession | 21 days of written notice |
| Right to cure the default | Yes. You can stop the repossession by curing the default within 21 days. |
| Breach of the peace | A repossession in Massachusetts must happen without force and without a breach of the peace. The repossessor cannot use or threaten violence, cannot break into a closed or locked garage, and cannot take the car over your face-to-face objection at the scene. |
| Reinstate the loan after repo | Reinstatement is allowed only under conditions set by statute or the contract. If you pay the amount listed in the Rights of Defaulting Buyer notice within the 21-day window, you are no longer in default and the contract continues as if the default never happened, which is a full reinstatement. But the cure right is not unlimited. Once you have cured a default after notice three or more times during the life of the contract, the lender no longer has to send another cure notice for a later default, so the fourth missed payment can lead straight to repossession. |
| Redeem the car (pay the payoff) | If the car is repossessed, you can still redeem it by paying the full amount owed plus the lender’s reasonable expenses. Under s. 20A the notice tells you that you may get the car back within 20 days of the taking, and under s. 20B that redemption right runs for at least 20 days and then until the lender has actually sold the car or signed a contract to sell it. Redemption means the full payoff, not just the missed payments. |
| Notice before the sale | After the redemption period the lender disposes of the car under Part 6 of Article 9 of the Uniform Commercial Code (M.G.L. c. 106), which requires reasonable advance notice of the sale. Section 20B also lets you demand a court hearing on the repossession, and you must be given at least seven days written notice of that hearing. |
| Deficiency balance | If the sale brings in less than you owe, Massachusetts calculates the deficiency by deducting the fair market value of the car from the unpaid balance, not simply the auction price, which protects you when a car is sold cheaply. On smaller consumer transactions with an unpaid balance of $2,000 or less secured by consumer goods, the debtor is not liable for any deficiency at all. |
| Personal property in the car | Personal belongings left in the car are still yours after a repossession. The lender and the tow company cannot keep them or sell them with the vehicle, and you can ask in writing to retrieve items such as tools, car seats, and documents. |
| Statute | M.G.L. c. 255B, s. 20A and s. 20B |
What you can do right now
Concrete, neutral steps if your car is behind on payments or already gone in Massachusetts. This is legal information, not legal advice.
- Read the Rights of Defaulting Buyer notice and its 21-day date
Before the lender can repossess, it must mail you a notice titled Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act, sent 10 or more days after you fell behind. It states the exact amount owed and a deadline 21 days out. That date is your window. A repossession before the 21 days run out is unlawful.
- Cure the default within 21 days to stop the repossession
If you pay the past-due amount listed in the notice before the deadline, you are no longer in default and the loan continues as if nothing happened. During those 21 days the lender cannot accelerate the balance, sue you, or take the car. Paying the arrears, not the full loan, is what stops the repo at this stage.
- If the car is already gone, weigh redemption and get your belongings
After a repossession you can redeem the car by paying the full amount due plus reasonable costs, generally within 20 days and until the lender sells it. You can also demand a court hearing on the repossession with at least seven days notice. Separately, ask in writing for the personal property left inside the vehicle.
- Get free Massachusetts legal help
MassLegalHelp.org and local legal-aid programs explain the cure notice, the 20-day redemption period, and how any deficiency is figured from fair market value. Reach out early, especially if the lender skipped the notice, took the car before the 21 days ended, or used force.
A car is often the difference between keeping a job and losing one. This resource can help you understand your options and any deadline to act.
→ Massachusetts Legal HelpThis is general legal information, not legal advice. Cure and redemption deadlines are short, so act quickly and confirm the exact dates that apply to your contract and your state.
What Massachusetts borrowers get wrong
Massachusetts is one of the strongest right-to-cure states for car buyers. Under M.G.L. c. 255B, s. 20A, a lender on a motor vehicle installment contract cannot just take the car the moment you miss a payment. First it must mail you a written notice, titled Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act, no earlier than 10 days after the default. That notice gives you 21 days to cure by paying the past-due amount. During those 21 days the lender may not accelerate the loan, sue you, or repossess the car. Paying the arrears in time wipes out the default and the contract simply continues. A repossession before the 21-day window closes is unlawful. There is a limit: once you have cured after notice three or more times, the lender no longer has to warn you before a later default. Even after a lawful taking, s. 20B gives you 20 days to redeem the car by paying the full balance.
Common questions
How many days do I have to stop a repossession in Massachusetts?
You have 21 days. Under M.G.L. c. 255B, s. 20A the lender must mail a Rights of Defaulting Buyer notice, sent 10 or more days after you fell behind, that gives you 21 days to pay the past-due amount. If you cure within that window the default is erased and the lender cannot take the car during those 21 days.
What is the Rights of Defaulting Buyer notice?
It is the written cure notice a Massachusetts lender must send before repossessing a car. It is titled Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act, and it states the exact amount you owe and a deadline that is 21 days after the notice is mailed. It also tells you that if the car is taken you have 20 days to redeem it. No proper notice means no lawful repossession.
Can my car be repossessed before the 21 days are up?
No. Section 20A bars the lender, because of that default, from accelerating the loan, suing you, or proceeding against the car during the 21-day period after the notice. A repossession that happens before the cure deadline, or with no notice at all, violates the statute and can give you a claim against the lender.
Does paying the missed payments get my car back after repossession?
Before repossession, yes: paying the arrears listed in the notice within 21 days reinstates the loan. After the car is taken, no. To redeem it under s. 20B you must pay the full amount due plus reasonable expenses, generally within 20 days of the taking and until the lender sells the car. Redemption is the whole payoff, not just the past-due amount.
Can I lose the 21-day cure right in Massachusetts?
Yes. The cure notice is not unlimited. Once you have cured a default after notice three or more times during the contract, the lender is no longer required to send a cure notice for a later default. At that point a new missed payment can lead to repossession without the usual 21-day warning.
How is a deficiency calculated after the car is sold in Massachusetts?
Section 20B figures the deficiency by subtracting the fair market value of the car from the unpaid balance, not just the auction price, so a low-priced sale does not automatically inflate what you owe. On smaller consumer deals with an unpaid balance of $2,000 or less, the buyer is not liable for any deficiency at all.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.