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I Was in My Driveway in My Underwear when They Repossessed My Car!

Facts: Koontz entered into an agreement with Chrysler to purchase a 1988 Sundance in exchange for 60 monthly payments of $185.92. When Koontz defaulted on the contract in early 1991, Chrysler notified him that it would repossess the vehicle if he did not make up the missed payments. Koontz notified Chrysler that he would make every effort to catch up on the payments, that he did not want the vehicle to be repossessed, and that Chrysler was not to enter his private property to repossess the car. Chrysler repossessed the car, however, according to the self-help repossession statute of the UCC.

When Koontz heard the repossession in progress, he rushed outside in his underwear and hollered, “Don’t take it,” to the repossessor. The repossessor did not respond and proceeded to take the vehicle. Chrysler sold the car and filed a complaint against Koontz seeking a deficiency judgment for the balance due on the loan. Koontz alleged that the repossession was a breach of the peace. From a judgment in favor of Chrysler, Koontz appealed.

Decision: There was no breach of the peace under Article 9 standards. Koontz only yelled, “Don’t take it”; there was no verbal or physical response, no threat made at the repossessor, nor was there a breach of the peace. To find otherwise would be to invite the ridiculous situation whereby a debtor could avoid a deficiency judgment by merely stepping out of his house and yelling once at those sent to repossess the collateral. Such a narrow definition of the conduct necessary to breach the peace would render the self-help repossession statute useless.

[Chrysler Credit v. Koontz, 661 N.E.2d 1171 (Ill. App. Ct. 1996)]

Name: But we already paid

Facts

1. An authorized agent who receives loyalty payments on behalf of an entity acts in the same capacity as the actual authority, which, in this case is duPoint.

2. Any defaulting on the side of the authorized agent does not affect the parties that are making the payments, for they are not legally liable.

3. Enjay and Johnson & Johnson have paid the royalties and whether duPoint’s authorized agent remits the amount to the principle or embezzles it is immaterial.

Issue

Although Enjay and Johnson & Johnson made the payments as required by duPoint, the receiving company did not get the money. duPoint’s authorized agent did not remit the whole amount, for he/she made tampered with the checks and made himself the payee, and went ahead to cash the checks and use the money as an individual. duPoint did not receive the royalties in totality.

Conclusion

When a company gives an authority to an agent to carry out duties on its behalf, the entity enters into a legal relationship that makes the entity an apparent authority who has the same legal effect as the actual authority. Therefore, Enjay and Johnson & Johnson have no case to answer for their records show that they had already made their payments to the agent authorized to receive the payment.

Reason

In this case, defendants had paid the royalties already to the agent that duPoint had authorized as its apparent authority to receive the checks on its behalf. Therefore, whether the authorized agent remitted the amount he/she received from the defendants or not is unrelated to the defendants making the payment. From a legal perspective, the defendants made the payments, and duPoint received the money.

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