What are the Illinois Repossession Laws?

Author: James Brown

Getting into debt can quickly turn into a nightmare. Creditors are harassing you day and night, wage garnishments are appearing on your check, and the threat of repossession has been brought into the ring.

What is involved in car repossession? If you default on your car loan with late or missing payments, your lender most likely has the power to take the car back. While your lender may not take your car the first day you are late on a payment, at that point they have the right to do so.

Though just a river apart, Missouri and Illinois have slightly different car repossession laws. In Illinois, a lender can repossess your car without telling you beforehand or getting a court order. The only requirement is that your written contract includes a clause that allows the lender to repossess if you don't pay.

Your car can disappear as easy as that. Still, even though we know what the Illinois car repossession laws are, your natural reaction to a repo man taking your car would probably be, "Hey! You can't do that!" But can he?

These are some examples of situations where the repossession is unlawful: - You have made all payments on time and are not in default in any way. - The agreement with your lender does not include repossession as a possible consequence of default. - The lender does not have a valid note on the car—and therefore, no legitimate claim. - The repo man makes threats or damages your car in order to take it.

Naturally, most of the people doing repossession and lenders know the rules well enough not to break them. From time to time, lenders will break the rules but you can't rely on them to break the rules as a way to keep your car.

There is yet another way that you can prevent your car from being lost forever to the repo man. Bankruptcy can help you get your car back and get in control of your auto loan debt. Keep in mind, though, you only have a limited amount of time to act once the car has been taken.

You don't have to lose your car to repossession but the decision to take action is yours. Remember, doing nothing changes nothing. If you want to keep your car and get back on your feet with debt, the time to get more information is now.

Article Source: http://www.articlesbase.com/law-articles/what-are-the-illinois-repossession-laws-2713945.html

About the Author
Jim Brown is a bankruptcy attorney based in St. Louis, Missouri. He has spent 15 years fighting an industry that consistently takes advantage of hard-working Americans.He started his rim, Castle Law Office, with his wife and best friend, Sherrie. In his spare time, he enjoys coaching youth hockey, golfing, and spending time with his three wonderful children.For more information, visit http://www.castlelaw.net