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Commercial Credit Transaction - Repossession - Ohio/Massachusetts

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Upset14

Junior Member
Some input would be great, here are the facts of the matter:


1. A vehicle was purchased from a manufacturer(Ohio), by a business(Massachusetts) through a Purchase Order.

2. The Terms on the Purchase Order were NET30. Due Payable in 30 days from the date of the Purchase Order.

3. Payment was Delinquent.

4. An email requesting payment status was received at the 58 day mark.

5. Vehicle was repossessed at the 62 day mark.



Massachusetts has a clear law on vehicle repossessions, and the debtor entitle to a "21 day Cure Notice", however that is in Consumer Credit Transactions. This is a commercial Credit Transaction. Does MA or OH law apply here.
 


latigo

Senior Member
Some input would be great, here are the facts of the matter:

1. A vehicle was purchased from a manufacturer(Ohio), by a business(Massachusetts) through a Purchase Order.

2. The Terms on the Purchase Order were NET30. Due Payable in 30 days from the date of the Purchase Order.

3. Payment was Delinquent.

4. An email requesting payment status was received at the 58 day mark.

5. Vehicle was repossessed at the 62 day mark.

Massachusetts has a clear law on vehicle repossessions, and the debtor entitle to a "21 day Cure Notice", however that is in Consumer Credit Transactions. This is a commercial Credit Transaction. Does MA or OH law apply here.

True, but isn't it also true that the 21-day notice to cure the default contained in MGL Chapter 255B applies only to "retail sales installment contracts"? Which this isn't.

"Payable in 30-days from the date of the Purchaser Order"
 

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