Legal Question in Credit and Debt Law in Illinois

Hello,

Purchased a car from a private dealer in late 2011, I have not made any payments as of yet. After 14 months the previous owner contacted me and threatening if I do not start to make payments she will report the car stolen. Since then she has obtain an attorney regarding this issue. I contacted the attorney and we agreed I will start to make payments the end of Feb 2013. I just received a email from this attorney if they do not receive payment ASAP they proceed with a lawsuit and/or contacting the police to report the car stolen. I'm in possession of the bill of sale and she does not have a copy of the bill of sale.

What is my legal right with this situation and the threats that they are saying.

Thank You,

Daniel Barber


Asked on 2/14/13, 5:33 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Well, first of all, if you have not made payments in two years, you should be sued, and there may be a pretty good argument that you did steal the vehicle. Having said that, the attorney's communications with you likely are required to comply with the Fair Debt Collection Practices Act. Additionally, an attorney cannot threaten criminal prosecution to gain advantage in a civil matter. This does not in any way affect your responsibility for paying for the vehicle, however.

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Answered on 2/15/13, 12:41 pm


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