Repossession Laws in Massachusetts
Upsolve is a nonprofit that helps you eliminate your debt with our free bankruptcy filing tool. Think TurboTax for bankruptcy. You could be debt-free in as little as 4 months. Featured in Forbes 4x and funded by institutions like Harvard University — so we’ll never ask you for a credit card. See if you qualify →
In Massachusetts, missing even one car payment can trigger the repossession process, but lenders must first send you a written notice and give you at least 21 days to catch up before taking the car. If your vehicle is repossessed, you have 20 days to redeem it by paying off the amount owed, including fees. The lender must sell the car in a fair and reasonable way, and if it sells for less than what you owe, you might still be responsible for the difference — called a deficiency balance — unless the loan balance was under $2,000.
Written by Upsolve Team.
Updated October 28, 2025
How Many Payments Can I Miss Without Risking a Repossession in Massachusetts?
In Massachusetts, if you miss even one car payment, you’re considered in default, and your lender can start the repossession process.
However, lenders can’t repossess the car immediately. Massachusetts law requires lenders to observe a 10-day waiting period and send a written notice before repossession.
Will I Be Notified Before the Repossession? How?
Yes, before a lender can repossess your car in Massachusetts, they must send you a written notice — but only after you're at least 10 days late on a payment.
This notice must be titled, “Rights of Defaulting Buyer Under the Massachusetts Motor Vehicle Installment Sales Act,” and must include all of the following:
A clear statement that it’s about your vehicle
How much you owe
Notice of at least 21 days from the mailing date to pay what you owe
Some lenders will allow you to reinstate the loan, which means catching up on missed payments (and fees) to keep the loan going as usual. Others may require you to pay the entire remaining loan balance.
If you pay the amount listed in the notice within that 21-day window, the repossession can’t go forward. If you don’t pay, the lender can move ahead with taking the car.
How Can I Prevent a Repossession?
If you're already behind or think you might miss a payment, reach out to your lender. Many lenders are willing to offer a temporary pause or lower payments if you're going through a rough patch.
If you've received a default notice, you still have time to fix things by paying the overdue amount and any fees before the deadline listed in the notice. Doing so can stop the repossession and get your loan back on track.
If you’re struggling with your car loan and other debt, you might also consider filing Chapter 7 bankruptcy. Once you file, you get the benefit of an automatic stay, a legal protection that temporarily stops most collection actions, including car repossession. This gives you time to figure out your next steps.
If your case is simple, you may be eligible to use Upsolve’s free online tool. It guides you through the steps to file Chapter 7 bankruptcy on your own.
What Can Repo Companies in Massachusetts Do?
Repossession companies work for lenders to take back vehicles when someone falls behind on a car loan. In Massachusetts, lenders are allowed to use self-help repossession, which means they can repossess your car without a court order, as long as certain conditions are met.
If the lender uses self-help repossession, the repo agent can only take the vehicle if they can do so without:
Using force
Causing a disturbance or breaching the peace
Going onto your property, like a driveway or garage (unless you agree to it at that moment)
Also, Massachusetts law requires repo companies to notify the local police department within one hour of taking the vehicle. This helps prevent the car from being reported as stolen.
What About the Personal Property in My Car?
If there's a chance your car might be repossessed, it's a good idea to remove all personal belongings ahead of time. While the lender can take the vehicle, they can’t legally keep your personal items.
If your car is repossessed with your things still inside, the lender must give you a chance to get them back. You’ll need to contact the lender to make arrangements, and there may be a fee to retrieve your items, depending on their policies. Acting quickly can help you avoid delays or extra costs.
Upsolve Member Experiences
4,609+ Members Online
What Happens After a Repossession in Massachusetts?
After your car is repossessed, Massachusetts law gives you 20 days to get it back. During this time, you can redeem the vehicle by paying what you owe under the loan agreement. This usually includes the past-due payments, late fees, and any reasonable costs related to the repossession.
If you don’t redeem the car within that 20-day window, the lender is allowed to sell or otherwise dispose of it. If they choose to sell it, the sale must be done in a commercially reasonable way. This means the lender has to make a fair effort to sell the car for its market value.
You should receive a written notice before the sale with details about when and how the sale will happen. If it's a public auction, you’re allowed to attend and bid on the vehicle.
What If My Car Sells for Less Than I Owe?
If your car is repossessed and sold by the lender, it might sell for less than what you still owe on the loan. When that happens, the lender may try to collect the difference from you, called a deficiency balance. They can only do this in certain situations.
In many cases, the amount the lender can collect is based on the car’s fair market value — not the price it sold for at auction. That’s because cars often sell for less at auctions than what they’re really worth. So even if your car sells for a very low price, the lender can’t charge you for the full difference unless the fair market value supports it.
Also, if you owed less than $2,000 at the time you stopped making payments, the lender isn’t allowed to collect a deficiency balance from you at all.
Do I Still Owe After a Repossession in Massachusetts?
Many people think that once a car is repossessed, the loan is wiped out, but that’s not always true. In some cases, you may still owe money after the car is taken.
In addition to a possible deficiency balance, the lender may also charge you for reasonable costs related to the repossession. These can include towing, storage, and other fees from the repossession company.
If you know you can’t keep the car, voluntarily returning it to the lender or dealership before it gets repossessed might help reduce these extra costs.
If you're unsure what your options are going forward, consider setting up a free consultation with a local attorney.
Can I Get My Car Back After a Repossession in Massachusetts?
You can get your car back after it’s been repossessed, but it can be tough financially, and you have to act quickly. In Massachusetts, you have 20 days from the date of repossession to redeem the vehicle. This means paying what you owe plus any reasonable costs and fees the lender paid to repossess and store the car.
If you don’t pay within that 20-day window, the lender can move forward with selling the vehicle. After the sale, your right to get the car back is usually lost.
Where Can I Find More Information About Repossession Laws in Massachusetts?
Mass.gov article: What to know if your car is repossessed
Volunteer Lawyers Project: Free legal assistance for low-income people in the Greater Boston area
Greater Boston Legal Services: Free legal advice and representation for low-income people
Community Legal Aid: Free civil legal services to low-income and elderly residents of Central and Western Massachusetts
Mass.gov: Massachusetts law about motor vehicle repossession
