[maryb74]

My car was repossed this morning, but I really had no prior notice...I was told that if I was that far behind that they should have given me a notice so I could make prior arrangements.. I did send out a payment last week but they told me that they were going to send that back since they weren't going to apply that to the amount owed... I don't know I just need some advice. Thanks...

[aaron]

You may wish to review the relevant Massachusetts statute. Of particular note:

Section 20B. (a) Subject to the provisions of this section and section 20A a secured creditor under a consumer credit transaction may take possession of collateral. In taking possession the secured creditor under a consumer credit transaction may proceed without a prior hearing only if the default is material and consists of the debtors failure to make one or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral and only if possession can be obtained without use of force, without breach of peace and unless the debtor consents to an entry, at the time of such entry, without entry on property owned by or rented to the debtor.

(b) Except as provided in subsection (a) a creditor under a consumer credit transaction may proceed against collateral only after a prior hearing. In any proceeding where possession of the collateral is part of the relief sought by a holder no court shall allow a secured creditor to take possession of collateral until the right of the creditor to take possession has been determined at a hearing at which the buyer has an opportunity to be heard having been notified in writing of said hearing at least seven days in advance thereof.

That suggests that they probably had no obligation to notify you of their intent to repossess, but they have to notify you of the subsequent proceedings to sell the car. It is unusual for finance companies to give notice of intention to repossess, if they can avoid doing so, as some people respond by hiding the car.