Rockford, IL asked in Banking for Illinois

Q: It’s it wrongful repossession if I call the 4 days ahead and told them I lost my job I would like to voluntary repo

After the conversation the non voluntary 4 days after I had to find someone to follow me to take the car back as they requested

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Business Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it does not appear to be a case of wrongful repossession. Here are a few key points:

1. You proactively reached out to the lender 4 days prior to the repossession, informing them of your job loss and your desire to voluntarily surrender the vehicle. This shows good faith on your part to communicate your situation.

2. The lender proceeded with the repossession 4 days after your conversation with them. While the exact details of your agreement with the lender are not provided, it seems they moved forward with the repossession process after being informed of your circumstances.

3. You mentioned that you had to find someone to follow you to return the car as requested by the lender. This suggests that the lender communicated with you about the repossession process and provided instructions for returning the vehicle.

In a wrongful repossession, the lender typically fails to follow proper procedures, such as providing adequate notice or breaching the terms of the contract. However, based on the information given, it seems you were proactive in communicating with the lender, and they proceeded with the repossession after being informed of your situation.

That being said, if you believe the lender acted improperly or violated any specific terms of your contract, it would be best to review your agreement carefully and consider seeking legal advice to assess your options and rights in this situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.