Replevin
Statutes
If goods exceeding $20 in value are unlawfully taken or detained from the owner or person entitled to their possession, or if goods of that value, attached on mesne process or taken on execution, are claimed by a person other than the defendant, the owner or such other person may cause them to be replevied. M.G.L. c. 247, §7.
Before the officer serving the writ delivers the goods to the plaintiff, he shall take from the plaintiff or a person in his behalf a bond payable to the defendant equal to double the value of the goods, with sufficient sureties, to pay damages and costs to the defendant and to return the goods if such shall be the final judgment. M.G.L. c. 247, §8.
In any consumer credit transaction involving a loan that is secured by a non-possessory security interest in consumer goods, a provision relating to default is enforceable only to the extent that the default is material and consists of the debtor's 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. After a default, the secured creditor may not bring an action against the debtor or proceed against the collateral until he gives the debtor the notice. M.G.L. c. 255, §13I. The same applies for retail installment contracts. M.G.L. c. 255B, §20A and M.G.L. c. 255D, §21.
After a default by the lessee under certain lease contracts or, if agreed, after other default by the lessee, the lessor has the right to take possession of the leased goods. If the lease contract provides, the lessor may require the lessee to assemble the goods and make them available at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises.The lessor may proceed without judicial process if it can be done without breach of the peace or the lessor may proceed by action. M.G.L. c. 106, §2A-523; M.G.L. c. 106, §9-609; and M.G.L. c. 106, §2A-525.
After repossession, the debtor under a consumer credit transaction has twenty days to redeem the property. After twenty days, the debtor may redeem the property any time before the creditor has disposed of the property, entered into a contract to dispose of it or acquired a right to keep it. M.G.L. c. 255, §13J; M.G.L. c. 255B, §20B(c); M.G.L. c. 255D, §22(c).
Under a commercial credit transaction, a creditor can acquire a right to keep the collateral if the debtor has paid less than 60% of the loan or sale price, the creditor notifies the debtor and any other secured party of their intent to retain the property and there is no objection within 20 days. M.G.L. c. 106, §9-620.
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState