Auto Repossessions

How I Can Help You With Auto Repossession

• ILLINOIS LAW IMPOSES
• STRICT REQUIREMENTS
• ON ANY LIENHOLDER*
• EXECUTING THE REPOSSESSION OF YOUR CAR.

• How And When Could My Vehicle Be Repossessed?

The Illinois Vehicle Code, 625 ILCS 5/3-114 and the Illinois Uniform Commercial Code, 810 ILCS 5/9-501 et. seq. impose strict requirements on a lienholder trying to sell your car after repossession.  The lienholder must:

• Notify you that the creditor intends to apply to the Secretary of State for a repossession certificate of title.
• Provide to you an “Affidavit of Defense” which gives you the opportunity to raise any defenses to the repossession that you might have.
• Notify you of the opportunities and terms by which you might redeem the car.
• Notify you of the date, time, and place of the intended resale of your car.
• Conduct the resale in a “commercially reasonable manner,” that is, the lienholder must try and get a fair price for the car.

AND THAT’S NOT ALL!  The lienholder must also prove: 

• that the documents you signed when you bought the car gave it the right to repossess your car, AND PROVE
• that it gave you proper credit for the resale value of the car, AND PROVE
• that it has legitimate ownership of the right to collect on your account.

*Lienholder is the legal term for the company that claims to own the loan that financed the purchase of your car.

• THAT’S A LOT OF PAPERWORK!
• A SKILLED AND EXPERIENCED DEFENSE ATTORNEY
• CAN SUCCESSFULLY ATTACK THE PLAINTIFF’S DOCUMENTS
• AND GET YOUR CASE DISMISSED.