Legal Question in Credit and Debt Law in Illinois
I am dealing with a buy here pay here auto contract. I did make the mistake of getting rid of the car to a tow place that was supposed to file for lien papers. The number that I had on file for the tow place is no longer active and this was my mistake. I tried to trade in the car because I payed for a year and repaired it every month. The final repair I could not afford and the car company was unwilling to take it back or trade it in. I did not know what else to do. However, I had a co-signer and we both signed an agreement to arbitrate and a wage assignment. This was my first time buying a car and it has been a nightmare. I have sent two certified letters revoking the wage assignment b/c I plan on filing bankruptcy as soon as I can. However, the car is now on the repossess list they sent a cook county sheriff to the co-signers house in uniform. He then called me and told me that there was a law passed in 2009 and that I will need to post $500 bond if I do not come up with the car or I will have to stay in jail till the court date. The car place is telling me the same thing. Although I have been revoking the wage assignment-the co-signer has agreed to pay. I do have voicemails from the cook county sheriff and contacted the office of regulaation for them and they told me to file a complaint b/c this is not legal. Can I go to jail and what in the world should I do? I did not steal the car I just made some naive choices concerning this...and I am a struggling student and have no clue what to do!
1 Answer from Attorneys
You can not hide the car. If you are not paying, they have the right to repossess the car. That has nothing to do with your revoking the wage assignment or the co-signor's liability.,