Automobile Repossession in Illinois

This is a general outline provided by ROBERT J. ADAMS & ASSOCIATES. Offices in Chicago and Waukegan, Illinois

The primary practice of ROBERT J. ADAMS & ASSOICATES is Chapter 7 and Chapter 13 Bankruptcy.

Robert J. Adams & Associatea stops finance companies from repossessing your car & helps get cars back. 

When  you finance the purchase of a car you give the lender a lien on the  car. Likewise, it you own your automobile free of liens and borrow money  against it (like a Title Loan) the lender has a lien on your car.

In  Illinois lenders who have a lien on your car has the legal right of  self-help if there is a default. They can repossess your car if you fall  behind on the payments.

POINTS TO CONSIDER

  1. Do they have to you notice: NO
  2. Can they repossess a car on private property? The law says “No” but it often ignored
  3. How far behind do you have to be for a repo? It is up to them: 1 month is enough
  4. What  about personal property in the car? The law says they have to inventory  the contents and allow you retrieve your personal property.
  5. What  if I voluntarily turn in my car? Is there any benefit to me? Not  really. It treated as repossession the same as any other repo.

WHAT CAN I DO IF MY CAR IS REPOSSESSED?

  1. If you want the car file Chapter 13. See below for more details
  2. Do  nothing. The lender will sell your car in any “commercially” reasonable  way. That usually means it will be sold at auction. Only professional  go to theses auctions. They are looking for the lowest price possible.  This means there will likely be a large deficiency and they will likely  sue you.
  3. If you don’t want the car or just afford it then consider filing Chapter 7 to get a “fresh start.”

CERTAIN CONSUMER PROTECTIONS.

When  your car is repossessed the lender will demand the full balance plus  the cost of the repossession to get the car back with two (2)  exceptions:

  1. Assuming you paid 30 percent of the total  amount due for your vehicle (including the down payment), your vehicle  should be returned to you if you can pay the back payment and costs  within 15 days. However, this is true only for the first repossession.
  2. Assuming  you paid more than 60 percent of the deferred price and you are willing  to surrender the car, the finance company has two options: keep the car  as full payment, or return the car and sue for the balance of the loan.

CHAPTER 13

When you file Chapter 13 the lender cannot repossess your car or threaten to do so.

If your car has been repossessed you can get your car back.

Chapter  13 can restructure your car loan. You start from scratch almost like a  new car loan. And, the interest rate is generally lower. The plan can be  3 to 5 years.

If you have owned you are  for more than 910 days and the retail value is less than the balance  Robert J. Adams & Associates can bifurcate (“cram down”) to its  value. Also, Robert J. Adams & Associates can bifurcate (“cram  down”) any Title Loan.

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