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Chrysler Credit Corporation v. Koontz

661 N.E.2d 1171, 277 III. App. 3d 1078, 29 U.C.C. Rep. Serv. 2d 1 (1996)

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Chrysler Credit Corporation v. Koontz

Illinois Appellate Court
661 N.E.2d 1171, 277 III. App. 3d 1078, 29 U.C.C. Rep. Serv. 2d 1 (1996)

KS

Facts

While Chrysler Credit Corporation (Chrysler) (plaintiff) was in the process of repossessing James Koontz’s (defendant) vehicle, Koontz ran out yelling for Chrysler not to take the car. Chrysler continued with the repossession. Koontz filed suit. At trial, Koontz testified about yelling at Chrysler not to take his car. However, Koontz acknowledged that the repossessor did not speak to him. Koontz stated that he could have gotten into a fight with the repossessor, but he chose not to fight because he was wearing only underwear. The record indicated that Koontz did not argue forcefully, act in a threatening manner, or brandish any weapons, which might have suggested to the repossessor that violence was likely to occur if the repossession continued. The trial court ruled in favor of Chrysler. Koontz appealed, asking the appellate court to rule that an oral protest from the debtor alone is sufficient to constitute a breach of the peace.

Rule of Law

Issue

Holding and Reasoning (Maag, J.)

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