(815 ILCS 405/26) (from Ch. 121 1/2, par. 526)
Sec. 26.
Unless otherwise limited by this Section, the parties shall have the rights
and remedies provided in Article 9 of the Uniform Commercial Code with respect
to default and disposition of collateral.
If the buyer has paid an
amount equal to 60% or more of the deferred payment price at the time of
his default under the contract and if the buyer, at the request of the
holder and without legal proceedings, surrenders the goods to the holder in
ordinary condition and free from malicious damage, the holder must, within
a period of 5 days from the date of receipt of the goods at his place of
business, elect either (a) to retain the goods and release the buyer from
further obligation under the contract, or (b) to return the goods to the
buyer at the holder's expense and be limited to an action to recover the
balance of the indebtedness.
If the buyer has paid an amount equal to 30% or more of the deferred
payment price at the time of repossession,
the buyer may, within 15 days, redeem the collateral from the holder by
tendering (a) the total of all unpaid amounts, including any unpaid delinquency
or deferral charges due at the time of tender, without acceleration, and
(b) performance necessary to cure any default other than nonpayment of the
amounts due, and (c) any reasonable
costs or fees incurred by the holder in the retaking of the goods. Tender
of payment and performance pursuant to this Section restores to the buyer
his rights under the contract as though no default had occurred. The buyer
has a right to redeem the collateral from the holder only once under this Section.
(Source: P.A. 82-550.)
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