This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.
Illinois Writ of Replevin or Repossession
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FAQ
After repossessing your car, the creditor must send you a Notice of Redemption and an Affidavit of Defense. The Notice of Redemption tells you whether the creditor will keep or sell your car. It also tells you that you have a right to buy back your car.
This means that if you can cover the missed payments and pay the cost of repossession within 21 days, you can recover the car. On the other hand, if you've paid less than 30% of the loan, your only option to recover the car is to pay the loan in full, along with the repo fees.
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 replevin case is used to have the sheriff pick-up the property before the court has a full hearing or trial in the case. In replevin, the court holds a preliminary hearing to see if you, the plaintiff, have proper reasons to have the sheriff get the property.
They are only entitled to the car. Some clever folks think that they can hide the vehicle on another street or prevent the repo man from accessing the vehicle. This, however, is illegal. Despite that fact, the repo man may not destroy your property to access the vehicle, nor can they break into your home.
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.
A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.
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.