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For drivers in Massachusetts

Your rights when you're behind on car payments in Massachusetts.

Massachusetts has some of the strongest consumer protection laws in the country for auto loans. Knowing your rights changes the conversation. Here's the essential.

1. Right to Cure (21 days minimum)

Under M.G.L. c. 255B, your lender must send you a Right to Cure letter before they can repossess your vehicle. This letter must give you at least 21 days to bring your account current. If you bring your account current within those 21 days, the lender cannot repossess. If you didn't receive this letter, or if it didn't comply with state requirements, the repossession may be unlawful.

2. Right to Receive Proper Notice Before Sale

If your vehicle is repossessed, the lender must send you a Pre-Sale Notice with specific information, including the fair market value of the vehicle. Under the Williams v. Steward Health Care decision, failure to include fair market value can invalidate the sale and protect you from a deficiency judgment.

3. Right of Redemption

Until your vehicle is sold at auction, you have the right to redeem it. This means paying the full balance owed (not just the past-due amount) plus reasonable repossession costs. The lender must inform you of this right and the deadline.

4. Right Against Breach of Peace

Massachusetts law prohibits the lender or their agent from using force, threats, or causing disturbance during repossession. They cannot enter a closed garage. They cannot remove the vehicle if you physically object at the scene. If they violate this, the repossession is unlawful and you may have grounds for damages.

5. Right Against Improper Sale

After repossession, the lender must sell the vehicle in a commercially reasonable manner. If they sell it for far below market value, or fail to give you proper notice, the deficiency they claim you owe may not be enforceable.

6. Protections for Servicemembers (SCRA)

If you are in active military service, the federal Servicemembers Civil Relief Act provides additional protections, including a court order requirement before repossession of vehicles financed before active duty began. These protections apply to Army, Navy, Marines, Air Force, Coast Guard and activated National Guard.

7. When to call Before Repo vs when to call an attorney

Call Before Repo if you want to understand your options, coordinate a voluntary return, or get clarity on your situation. Call a Massachusetts consumer attorney if you believe your rights were violated, you received improper notices, or you want to challenge a deficiency judgment. We can help connect you with consumer attorneys in our referral network when appropriate.

Decision Guide

Who to call, when.

Call Before Repo

You want to understand your options, coordinate a voluntary return, or get clarity on your situation.

Call a Massachusetts consumer attorney

You believe your rights were violated, you received improper notices, or you want to challenge a deficiency judgment.

We can connect you

If your situation crosses the line into legal defense, we will help connect you with consumer attorneys in our referral network.

Important disclaimer

This page summarizes general consumer rights under Massachusetts law as of May 2026. It is information, not legal advice. Statutes are amended and courts issue new opinions; specific situations have specific facts. For advice about your case, consult a Massachusetts-licensed consumer attorney. Before Repo is not a law firm.