James Koontz agreed to purchase a Plymouth Sundance
from Chrysler Credit Corporation (Chrysler) in exchange
for sixty payments of $185.92. Koontz soon thereafter
defaulted, and Chrysler notified Koontz that unless he made
the payments, it would repossess the vehicle. Koontz
responded by notifying Chrysler that he would make every
effort to make up missed payments, that he did not want
the car repossessed, and that Chrysler was not to enter his
private property to repossess the vehicle. A few weeks later,
Chrysler sent the M & M Agency to repossess the vehicle.
When he heard the repossession in progress, Koontz,
dressed only in his underwear, came outside and yelled,
“Don’t take it!” The repossessor ignored him and took the
car anyway. Koontz did not physically challenge or threaten
the repossessor.
a. Discuss the arguments that Chrysler legally repossessed
the automobile.
b. Discuss the arguments that Chrysler illegally repossessed
the automobile.
c. Who should prevail?
