15 April 2020 – Through diligent communications efforts with the state of Illinois Governors Office, Les McCook, Executive Director of the American Recovery Association (ARA), has received additional guidance on the states moratorium on repossessions issued in the states March 26, 2020 Executive Order in response to COVID-19.
Dear Les:
Thank you for your email. As you’ve identified, Executive Order 2002-16 prohibits any repossession of vehicles authorized by 810 ILCS 5/9-609 or 625 ILCS 5/3-114 for the duration of the Gubernatorial Disaster Proclamation, which currently extends through April 30, 2020. Voluntary surrenders of a vehicle are not prohibited under the Executive Order. However, if repossessions under the other scenarios you’ve identified would be authorized by 810 ILCS 5/9-609 or 625 ILCS 5/3-114, those repossessions are prohibited under the Executive Order.
Sincerely,
Office of Governor JB Pritzker
The original Executive Order clearly prohibited all repossessions.
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, and pursuant to Sections 7(1), 7(8), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, I hereby Order the following:
Section 1. Beginning March 27, 2020 and continuing for the duration of the Gubernatorial Disaster Proclamation, the provisions of the Uniform Commercial Code, 810 ILCS 5/9-609, regarding the possession or usability of a vehicle, and the provisions of the Illinois Vehicle Code, 625 ILCS 5/3-114, regarding the repossession of vehicles, are suspended. No provision contained in this Executive Order shall be construed as relieving any individual of the obligation to make payments or comply with any other obligation that an individual may have pursuant to a loan agreement or otherwise.
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