Parks v. CNAC-Joliet, Inc.

              Filed April 9, 2008 No. 3--07--0336
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IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
PATRICK A. PARKS, ) Appeal from the CircuitCourt
) of the 12th Judicial Circuit,
Plaintiff-Appellant, ) Will County, Illinois
)
v. ) No. 06-SC-5189
)
CNAC-JOLIET, INC., ) Honorable
) Lawrence Gray,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE WRIGHT delivered the modified opinion upon denial of petition for rehearing:
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Plaintiff, Patrick A. Parks, brought action against defendant CNAC-Joliet, Inc., pursuant to
section 9-625 of the Uniform Commercial Code (Code) (810 ILCS 5/9-625 (West 2006)) for
monetary damages resulting from improper notice of defendant’s intent to sell plaintiff’s repossessed
automobile. After a trial on the merits, the circuit court found that defendant did not violate the
statutory notice requirements and entered judgment in favor of defendant. Plaintiff appeals from that
ruling. We reverse.
FACTS
Plaintiff, who is referenced in the record as “Miss Parks,” purchased a 1999 Oldsmobile
Alero from a car dealership known as J.D. Byrider on January 10, 2006. The purchase price for the
car, including sales tax and a $999 service agreement, was $11,008.28. J. D.Byrider, the dealership,