Illinois Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
Control #:
US-01419BG
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Word; 
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Description

The tort of conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in such an action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
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FAQ

In Illinois, creditors are allowed to conduct a repossession without sending a pre-repossession notice to the consumer. However, the creditor must make sure that they have a valid security interest in the vehicle being repossessed and that the consumer is in default.

Can a repo man move another car to get yours? No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle.

The affidavit of defense shall (i) identify the lienholder, owner, and the vehicle; (ii) provide space for the owner to state the defense claimed by the owner; and (iii) include an acknowledgment by the owner that the owner may be liable to the lienholder for fees, charges, and costs incurred by the lienholder in ...

In certain parts of the world, one of the harshest legal remedies is known as 'foreclosure,? in the UK it's known as ?repossession.? Repossession is when the lender takes the home back and sells it in order to raise enough money to repay the loan.

Creditors usually only have a right to charge you storage fees pertaining to the car itself. So, the repo agent hired by a creditor to take the car also can't charge you money or a "convenience fee" to let you get your things back before the vehicle is towed away.

A breach of the peace is unlawful Despite the lack of notification requirements, repossession agents cannot breach the peace while repossessing a vehicle. This means that they cannot use physical force or threats, or trespass on your property to seize your car.

Suspension of Vehicle Repossession In light of COVID-19, the Governor of Illinois has issued an executive order suspending the laws that permit repossession of vehicles for the duration of the Gubernatorial Disaster Proclamation.

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Illinois Complaint for Wrongful Repossession of Automobile and Impairment of Credit