Legal Question in Credit and Debt Law in Illinois

Re: Car

With your question, I assume that you live in Illinois. Illinois is a self help state, which allows creditors to hire repo agents to take back collateral when a loan is in default, without the need for a court order called a replevin order. Under Illinois law, a repo agent cannot 'breach the peace' while collecting the collateral. Therefore, it is permissible for them to go onto an individuals property. They cannot 'break in' to get a car out of a garage. They would be subject to criminal and possible civil charges if they did. However, they can take a vehicle from your drive, while you are out shopping, at work etc. Ultimately, even if they took the vehicle illegally, the loan was most likely still in default, so the chances of getting it back would be slim unless you paid off the loan. Most contracts have acceleration clauses to bring the full balance due at the point of default. Now, a chapter 7 bankruptcy may help you to eliminate your consumer debts and help you get back on your feet. Obviously money is tight, and you may need a fresh start. If you would like a free consultation, please contact me. Thank you.