If you've been subject to a car repossession involving a breach of peace, here's the smart thing to do: submit this form to tell us your story. However, the point of the form is to see if you have a good case, and if you do, to bring a lawsuit for wrongful repossession. There are two key points to keep in mind about this:
1. If you do not sue, you will likely be pursued for a car repossession deficiency debt. If the balance of your loan is more than $2,000 when the repossession occurs, you are liable for any deficiency debt.
2. If you do sue, you can likely wipe out the deficiency debt. Moreover, if there is a breach of peace you can recover the minimum damages (noted above). For a high interest car loan, this sum can be substantial. For example, we now have a case involving a $30,000 car loan at a 14 percent interest rate. The car was repossessed. If we are able to show that a breach of peace occurred, the consumer will be entitled to almost $18,000. There are most likely thousands of consumers who unwittingly are entitled to substantial damages based on a wrongful car repossession in Massachusetts.
Bottom line: If you have a case, pursue it diligently. It can mean the difference between you paying money and getting paid money.
* We do not charge you fees. If we agree to take your case, we get paid from the proceeds of settlement or judgment.
* Just coming onto your property without your permission to take the car when you are behind on the loan is usually not enough. To be a good case, normally there must be a confrontation of some sort on your property.