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I bought a car in Florida using a finance company and then

moved to Massachusetts . The...
I bought a car in Florida using a finance company and then moved to Massachusetts . The car is registered and kept in MA. I was late on the payments and they repossessed the car from my house. Which repo laws apply? In MA there is a right to give notice for repo before it is done but there is not in Florida. Also they told me that I could have the car back if I payed two back payments and two extra payments plus repo fees when it was first repoed. Then they told me I needed proof of employment to get it back and I only get paid cash working for a family business and they knew this at the time I was given the loan. I didnt have pay stubs back then when I got it and I dont have them now. Now two days before they are going to sell it they decided that now I need to pay everything I owe on the car because I dont have proof of employment. I was ready to pay the first deal they gave me and they just took it all back. What are my legal options at this point?

Also on the official repo letter I got in the mail they wrote it was a 2003 honda it was a 2004 honda.
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Answered in 20 minutes by:
5/1/2013
Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,872
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Massachusetts law applies to the repossession IF that's where the vehicle is located. Thus, if you were not given a 21 day notice and an opportunity to remedy the default before they took your vehicle, you should have a right to file a lawsuit to stop the repossession and sale of the property under a claim of unlawful repossession. You are also entitled to a 20 day notice to recover the vehicle BEFORE the vehicle can be sold.

Here's a good link you can read about your rights and what the lender is required to do: http://massachusettsbankruptcy.blogspot.com/2009/09/car-repossession-in-massachusetts.html

It sounds like your vehicle was wrongfully repossessed and under the Mass. Consumer Protection Act, you would have a right to sue. Also, the good thing is that the law requires the lender to pay your attorney's fees IF the repossession is done improperly.

Here's a good link regarding what can be done after the vehicle is repossessed OR if your rights have been violated: http://massachusettsbankruptcy.blogspot.com/2010/06/options-after-your-car-is-repossessed.html

Thus, you should consider consulting a local attorney about combating the lender's apparent improper actions.
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Customer reply replied 4 years ago

so if the repossession is illegal do I get my car back if I pay the back payments or would I still have to pay the full amount that I owe on the car?

You would have to pay the entire loan balance in order to recover your vehicle. BUT, if you sue under the consumer protection act, you could recover enough money to pay the loan balance off.
Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,872
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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