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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My vehicle is due to be repossessed and I live and purchased

Resolved Question:

My vehicle is due to be repossessed and I live and purchased the vehicle in Illinois. I am staying with family in Texas and the repo man knocked on the door and asked about the vehicles whereabouts...it was in the garage. Can my vehicle be repossessed in Texas? Does Texas have any laws that protect me? Does the repo man need paperwork stating he can take the vehicle from Texas? Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. In Texas, a repossession may take place without any specific paperwork authorizing the repossession in Texas. In other words, as long as the repossession is done without breaching the peace, then it is legal.

The only laws which protect you are that the person trying to attempt repossession may not break into your property. In other words, if the vehicle is behind a locked gate or is in the garage, the vehicle repossessor cannot break the lock or break into the garage. Also, the repossessor cannot breach the peace. In other words, if you are in your car, they cannot throw you out of it.

Please let me know if you have further questions on this subject matter.

Best Regards,
ZDN
Customer: replied 1 year ago.

I read somewhere that if it is a repo from another state they need some type of legal docs...is that not true?

Expert:  Zachary replied 1 year ago.
Not in Texas. You don't have to be licensed to repossess cars there.
Customer: replied 1 year ago.

What are the laws in Illinois?

Expert:  Zachary replied 1 year ago.
Thank you for your response.

The same laws apply in regard to the manner in which the repossession can occur. In other words, they cannot break into your property or break locks on gates or garages to get the car. However, in Illinois, the repossessor has to have a license. You can demand that the repossessor show you the paper work, and if they do not have it, you can contact the police to stop the repossession. The protections and requirements are stated in the Illinois Collateral Recovery Act, the text of which you may consult at:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3384&ChapterID=24

Please remember to rate my answer positively so I might receive compensation for my work.

Best Regards,
ZDN
Customer: replied 1 year ago.

You have been great....thanks for all your help and answering all my questions. I will give you the highest rating.

Expert:  Zachary replied 1 year ago.
Glad I can be of service

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3831
Experience: Lead trial/International commercial attorney licensed 11 yrs
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