How I Can Help You With Auto Repossession
- ILLINOIS LAW IMPOSES
- STRICT REQUIREMENTS
- ON ANY LIENHOLDER*
- EXECUTING THE REPOSSESSION OF YOUR CAR.
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.
Call Now To Fight Back And Win!