Resources For Consumers

---

The Rhode Island Repossession Act, codified at RIGL 6-51-1, et. seq. regulates repossessions in Rhode Island. The Act requires very specific advance notice before a repossession; it prohibits taking your car from property you own or rent (i.e. your driveway or assigned parking spot) unless you give the tow truck driver permission when he arrives to take it; and it gives you the right to get you car back. The Act also includes other provisions to protect consumers and limits how long a bank can sue you after taking your rv, car, truck or motorcycle.

Companies carrying out repossessions in Rhode Island must also comply with Rhode Island's adoption of the Uniform Commercial Code (UCC), specifically RIGL 6A-9-609(b)(2).  That law says they can NOT disturb the peace while taking your property. Yelling at anyone, threatening anyone, pushing anyone, shoving anyone or even touching anyone - even if the person is trying to get in the car being repossessed - would probably disturb the peace and tow truck drivers should never due any of those things. 

To read the laws off-line, use this link to download the Rhode Island Repossession Act and the most important section of the Rhode Island Uniform Commercial Code regarding repo's.

The RI FDCPA defines repossession agents - the people and companies that actually take your car - as "debt collectors." (See RIGL 19-14.9-3(5)) That is important because debt collectors who break the law can be sued and, if you win, they can be ordered to pay your attorney fees.  

(Note for Attorneys: Unlike the federal FDCPA, which only applies to repossession agencies under certain circumstances, the Rhode Island FDCPA always applies to them. Compare RIGL 19-14.9-3(5) to 15 USC 1692a(6))   

Various provisions of Massachusetts laws regulate repossessions in Massachusetts. A key provision, codified at MGL c. 255B, 20B,  prohibits taking your car from property you own or rent (i.e. your driveway or assigned parking spot) unless you give the tow truck driver permission when he arrives to take it. Another, codified at MGL c. 255B, 20A, requires very specific advance notice before a repossession and it gives you the right to get you car back. The laws include other provisions to protect consumers. 

The police should not be involved in repossessions. Below is a letter I sent to to all the police chiefs in Rhode Island summarizing the laws and explaining what their officers should do if they are called to a repossession. Unfortunately, many police officers do not know the law.  If the police were involved in your repossession, or an officer ordered you to get out of your car, or ordered you to hand over your keys, or threatened to arrest you, talk to an attorney ASAP.