Legal Question in Credit and Debt Law in Illinois

Purchased a used vehicle on 1/20/12 from a dealership. Was told that the loan company wanted a kill-switch device installed and for me to make an appointment. Due to the distance of the dealership, my working hours and the dealerships service hours, I was not able to come-in to have this device installed. On 2/27/12, the dealership cashed my $1500 down payment check and on 2/29/12, I woke to find that my vehicle was repoed.

Can a repo legally occur, other than for non / late payments?


Asked on 3/02/12, 10:16 am

2 Answers from Attorneys
Walter Palmer Law Office of Walter Palmer

I think you should speak with your State's Attorney's office and the Consumer Division of the Illinois State Attorney General's office.

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Answered on 3/03/12, 4:34 pm
Thomas Moens Moens Law Offices, Chartered

I have never heard of a "kill switch device," but I am guessing it is something which would allow the lender to disable the vehicle. Was the installation of this device part of the written loan agreement? If not, you had no obligation to have such a device installed, and therefore, the lender was completely in the wrong in repossessing the vehicle, and this could amount to theft. Contact the state's attorney for your county.

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Answered on 3/05/12, 11:37 am


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