Patrick v. WIX AUTO CO., INC.

Plaintiff, Catherine Patrick, filed a class action against defendant, Wix Auto Company, alleging that defendant failed to comply with the satisfaction-by-repossession notice requirements of section 9 — 505(2) of the Illinois Uniform Commercial Code (810 ILCS 5/9— 505(2) (West 1994)) after it repossessed her automobile. Defendant filed a section 2 — 615 motion to dismiss the complaint (735 ILCS 5/2 — 615 (West 1994)), which was granted. The trial court found that the notice sent by defendant was sufficient as a matter of law. For the following reasons, we reverse and remand.

Plaintiff purchased…