Was your car repossessed and you believe that it should not have been?
Let us investigate whether you have a claim for improper/wrongful repossession of your car.
What is Improper/Wrongful Repossession?
An improper repossession, or wrongful repossession, may occur if the creditor or repossession company does not follow the law or does not have the right to take the vehicle. Some examples of improper repossession include:
- Breach of the Peace: It could be as simple as saying, “stop.” A court will later determine the “totality of the circumstances” for a “breach of the peace.”
- Improper Notice: Without the prior and required notice of repossession given.
- No Default: When there has not been a default in the terms of the loan/lease agreement yet the vehicle was still repossessed.
- Police Assistance: The police assisted in the repossession absent a court order.
- No Right to Repossess: The finance company does not have a “present right of possession”.
Improper/Wrongful Repossession in Illinois
In Illinois, an improper repossession occurs when a lender seizes a vehicle without adhering to the state’s legal requirements or the terms set forth in the loan/lease agreement, which is critical because Illinois law provides specific protections to borrowers facing repossession, mandating that lenders must notify borrowers of their default and provide them with an opportunity to cure the default—typically within a 21-day period—before proceeding with the repossession.
Additionally, these legal protections extend to ensuring that lenders and the repossession service or tow truck operator cannot use any force, threats, intimidation, or tow the vehicle with you alongside or in it, or ask a police officer to assist in there repossession process.
Consequences of Improper/Wrongful Repossession
If a lender fails to comply with Illinois’ repossession laws, the borrower may be entitled to legal remedies, which include:
- Vehicle Recovery: The borrower can demand the return of the repossessed vehicle.
- Damages: The borrower can seek compensation for damages suffered as a result of the improper repossession to include loss of use, emotional distress, consequential damages or losses, and potentially punitive damages depending on how egregious the repossession violations were.
- Legal Action: Borrowers can bring an action for the improper repossession and the relief may include a financial settlement, waiver of any deficiency balance or other specific relief.
If you believe your vehicle was repossessed improperly, swift legal action is essential to protect your rights and recover what’s rightfully yours.
Statistics about improper repossession in the United States
Improper repossession is a growing issue in the United States, with an increasing number of cases reported as vehicle repossessions surge due to economic factors like inflation and high-interest rates. Key statistics include:
Vehicle Repossession Rates
In 2023, vehicle repossessions rose by over 11%, with more than 1.5 million cars repossessed annually. This uptick often leads to a higher number of improper repossession claims.
2024 Repossessions Increased
The Consumer Financial Protection Bureau (CFPB) reported that complaints about wrongful repossession have steadily increased in recent years. In 2024, the CFPB noted that were approximately 1.6 million repossession related to vehicle loans, many involving improper or wrongful repossession.
Breach of Peace Violations
Studies show that many improper repossessions involve breaches of peace, such as using physical force or threats. A National Consumer Law Center report highlighted that improper repossessions, including these violations, account for a significant portion of legal challenges in courts.
Legal Outcomes
Borrowers who challenge improper repossession often win compensation or settlements. A report from a consumer protection law firm shows that 50% of wrongful repossession lawsuits lead to financial settlements or vehicle recovery.
We stand for your rights!
At FS CORPS, a premier law firm based in Illinois, our attorneys specialize in improper repossession lawsuits. We understand the complexities involved in vehicle repossession. With in-depth knowledge of repossession laws, we provide aggressive representation to protect your rights and achieve the best possible outcome.
What makes FS CORPS different
Decades of experience
With over 34 years of experience in litigation and negotiation of complex matters in Illinois as well as nationally.
Attorneys at your reach
Communicate with attorneys via phone calls, emails, and text messages throughout your case.
Stay within budget
We work with your budget by offering unbundled legal services and creative strategies as economically as possible.
Recent Improper/Wrongful Repossession Cases
April 2025
Misapplied loan payments can result in fees, defaults, and wrongful repossessions in violation of state laws.
April 2025
Arbitration clauses in vehicle finance contracts may limit lawsuits for wrongful repossession or lending abuse.
April 2025
Discover Illinois usury laws, vehicle title loan risks, and legal options for victims of predatory lending.
March 2025
Repossession case exposes how lenders violate Collateral Protection Insurance (CPI) and breach consumer rights.