If you are in Rhode Island or Massachusetts and believe your repossession was wrong, or you answer "yes" to any of these questions, contact me for a free consultation. Suing over a repossession is not going to make you rich. But it may put some money in your pocket and it may help get your car, truck or motorcycle back faster.
Repossession Rights and Consumer Protection Attorney John T. Longo
In RI and MA, you should have received a letter in the mail at least 21 days before your car, truck or motorcycle was repossessed warning you it might be taken if you did not pay. If you did not receive the letter, the repossession was probably illegal. Read more about what banks must do before repossessing cars here and here. Or read the laws requiring advance notice in Rhode Island here (RIGL 6-51-3(c)) and in Massachusetts here MGL Ch 255B, Section 20A(c)).
Before a repossession agent can take your car from your driveway or other property you own or rent in RI and MA, he or she must get your permission. If they did not get your permission, or if they did not ask for permission until they had already gone on your property or hooked your car, the repossession was probably illegal. Read the laws prohibiting repossessions from your property in Rhode Island here (RIGL 61-51-4(a)) and in Massachusetts here (MGL Ch 255B, Section 20B(a)).
Tow truck drivers generally have a 'duty to retreat' when confronted during a repossession. This is true regardless of who confronts them and regardless of whether or not they have 'hooked' the vehicle. If they were told to stop or leave and they did not, the repossession was probably illegal. Read about the 'duty to retreat' in this 2024 Massachusetts case, or on page 7 of this this state-issued Repossession Manual, or page 16 of this repo industry training guide.
The bank does not have a lien on the things that are in your car when it is repossessed and generally neither they, nor any towing or storage company, can demand you give them money or your keys to get your things out of your car. This is true before, during and after repossessions. Holding your personal possessions hostage is illegal. To learn more, and to understand why you can take your license plates but not your custom wheels, read this article by Attorney Margaret Reiter.
In Rhode Island and Massachusetts, repossessions are allowed only if they do not "disturb the peace." If the police got involved, or the tow truck driver woke up your neighbors, there is a good chance the peace was disturbed and the repossession was illegal. If the driver yelled, swore, threatened anyone or blocked your driveway, that may also have been a prohibited disturbing of the peace. Read about lawsuits against banks and repo companies or wrongful repossessions here, here and here.
In most cases, no one has the right to touch anyone, or threaten to touch anyone, during a repossession-even someone trying to get in the car being taken. Courts have recognized that type of conduct as breaching the peace and requiring the repo agent to unhook the car and leave the scene. (But never use, or threaten to use, violence to stop a repossession! Instead, video what goes on so you can sue them.) Read about cases alleging illegal repo tactics here, here and here.
These are just some of the reasons your repossession may have been illegal; scroll through the News section of this site for other reasons. If you have any questions, or believe your repossession was wrong, get legal advice from a consumer protection attorney licensed in your state.
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.