Hannah Locklear | May 22, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: You have 30 days to respond to a debt collection lawsuit in Illinois, and you must file both an Appearance and Answer document. Filing fees range from $109-$251. Use SoloSuit to draft your Answer and file both documents in minutes.
If you are a resident of Illinois and you have just been served with a debt collection lawsuit, then you need to know how to respond.
If you do respond, you will greatly increase your chances of not having to pay the debt at all. That is because debt collectors love to initiate lawsuits, but they rarely have the evidence or resources to follow through with the case.
Indeed, a lot of debt collectors file lawsuits with the expectation that a debtor will simply not show up to court—because that is typically what happens. When a debtor fails to respond to a lawsuit, the debtor automatically loses the case, and the debt collector wins. Don't fall victim to that strategy.
SoloSuit can give you the tools, consistent with Illinois debt collection laws, to effectively push back against a debt collector's lawsuit. By doing so, you might just be able to show the court that the debt collector is wrong and that you do not owe anything on the alleged debt.
In this blog, we cover the basics of responding to a debt collection lawsuit in the state of Illinois. We will cover how, when, and where to respond to a lawsuit so that you can feel confident to stand up for your rights in court and win.
Let's jump right in.
Sued for debt in Illinois? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.Generally, the deadline to respond to a debt collection lawsuit in Illinois is 30 days. The clock starts on the deadline as soon as the Summons and Complaint have been officially served to the defendant.
More specifically, Illinois Rules of Civil Procedure 735 ILCS 5/2-208 states:
“No default shall be entered until the expiration of at least 30 days after service. A default judgment entered on such service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this State.”
This is just a fancy, legal way of saying that you have 30 days from the day you received the Summons and Complaint to file your Appearance and Answer forms in the court before you lose by default. After the deadline, the debt collector can file a motion for default judgment, and if it is granted, will have the right to garnish your wages and seize your property.
Respond to your debt collection lawsuit before the deadline with SoloSuit.
There are a number of ways to create an “Answer,” or response, to a debt collection lawsuit. The first, and easiest, way is to use the SoloSuit Debt Answer form.
At SoloSuit, software guides you through the process to respond to a debt lawsuit in Illinois (or any State in the United States). It takes minutes to fill out the form online, and it is personalized to your case. Check out our easy-to-use automated service.
Here's a sample of the Answer form you can create with SoloSuit.
The other way to respond in Illinois is to use the forms provided by the State of Illinois court system, if you would like to do it on your own. The form is found here: AR-A 1403.4.
You must also file an “Appearance” at the same time you file an Answer. While an Answer essentially responds to the Complaint, the Appearance is the way you tell the court that you wish to be heard in the lawsuit. As with the Answer, SoloSuit can help you create your Appearance document. That said, if you want to do it on your own, you can also find the Appearance form here: AP-P 503.7.
Given that you need to respond in a format that an Illinois court will accept, it is important to take advantage of either SoloSuit's automated service, or the forms provided by the Illinois courts.
In order to file an Answer in Illinois, you must first file an Appearance form. This is an official declaration that you plan to appear in court and fight the case. The fee to file an Answer is technically free, but you must pay a fee in all Illinois courts to file an Appearance. Without an Appearance, your Answer will not be considered.
Each court in Illinois has specific fee amounts to file an Appearance and Answer. In general, the filing fee in Illinois ranges from $109-$251, depending on the amount in question and the court that has jurisdiction over the case.
SoloSuit calculates the filing fee for you and delivers it to the court.
You can also try calling the court clerk to figure out your filing fee amount. There are two different Appearance filing fee amounts for each Illinois court: one for small claims cases that involve $2,500 or less, and another for cases with more than $2,500 at stake.
Knowing how much you are being sued for will help you figure out how much you have to pay to file your response. If you cannot afford to pay the filing fee, you can ask the court to waive the fee. Of course, as with all bureaucracies, you will need to fill out yet another form. To request a fee waiver, fill out the Application for Waiver of Court Fees form, which is basically you asking the court to allow you to file your Appearance and Answer documents for free.
To demonstrate, let’s look at an example of how to file an Answer in the Small Claims Court Illinois Cook County.
Example: Bill got sued by Cavalry SPV for an old credit card debt of $1,200. The collection agency filed the case in the Small Claims Court of Illinois Cook County. To respond, Bill had to file an Appearance and Answer into the case. He used SoloSuit to draft his Answer document and file both the Appearance and Answer into the case. The court charged him $151 to file, but luckily, Cavalry SPV decided to drop the case when it realized there wasn’t enough evidence to prove Bill owed the debt.
Now that we have talked a little about filing deadlines and fees, let's quickly review the basics of a debt collection case in Illinois so you understand the process and the necessary documents that are part of that process.
A debt collection lawsuit begins when the plaintiff (debt collector or the collector's lawyer) files a lawsuit in court. Then, the plaintiff must send a court Summons and Complaint to the defendant (the person being sued). The titles of these documents really help explain what they are.
The “Summons” literally summons, or calls, you into court. It is an official notification that you are being sued for a debt that you supposedly owe.
The “Complaint,” on the other hand, is what the debt collector is literally complaining about. It lists all the specific allegations, or claims, being made against you. In a debt collection lawsuit, the Complaint essentially states the following: “You owe me money, and you have not paid.”
Once you get the Summons and Complaint in hand, it is your turn to respond. Just like in any dispute in regular life, when someone complains about something, you respond by either admitting guilt or defending yourself.
In Illinois, you must respond with an Appearance form and an Answer form. The Appearance document is a statewide form that declares you plan to appear in court. It lets you choose if you want a trial with just a judge or one with both a judge and jury. The Answer document is where you respond to each claim from the Complaint and give your defenses.
To respond to a debt collection Summons and Complaint in Illinois, follow these three steps:
SoloSuit can help you draft and file an Answer in just 15 minutes.
If you don't like reading, check out this video instead:
The first section of your Answer document should focus on responding to each claim that is listed in the Complaint document.
Illinois Rules of Civil Procedure Section 735 ILCS 5/2-610(a-b) states:
“Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.
"Every allegation, except allegations of damages, not explicitly denied is admitted, unless the party states in his or her pleading that he or she has no knowledge thereof sufficient to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge, or unless the party has had no opportunity to deny.”
In other words, you must respond to each allegation, or claim, listed in the Complaint. If you don't respond to one of the claims, the court will consider it an admission.
As you look at the Complaint you received, find the list of numbered paragraphs that contain the specific claims being made against you. You should respond to each claim in a numbered list on your Answer document.
Choose one of the following responses to each of the Complaint's claims:
Most attorneys recommend that you deny as many claims as possible. This forces the other side to prove what they are claiming is true. If they don't have enough documentation or evidence to do so, they might dismiss the case altogether.
Remember, if the Complaint has information that you both agree and disagree with, then you would be wise to choose “Deny” for those paragraphs. You will have time later to clarify what exactly you are denying in those paragraphs that are only partially true.
Now that you have addressed every single numbered claim in the Complaint, you're ready to assert your affirmative defenses. As we said before, when you get in a dispute, you not only disagree with the other person's comments, but you give reasons for why you took the actions you took. In short, you provide defenses for why you are not guilty of what you are being accused of—these are called affirmative defenses.
Section 735 ILCS 5/2-613 of Illinois Rules of Civil Procedure states:
“(d) The facts constituting any affirmative defense, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, that the negligence of a complaining party contributed in whole or in part to the injury of which he complains, that an instrument or transaction is either void or voidable in point of law, or cannot be recovered upon by reason of any statute or by reason of nondelivery, want or failure of consideration in whole or in part, and any defense which by other affirmative matter seeks to avoid the legal effect of or defeat the cause of action set forth in the complaint, counterclaim, or third-party complaint, in whole or in part, and any ground or defense, whether affirmative or not, which, if not expressly stated in the pleading, would be likely to take the opposite party by surprise, must be plainly set forth in the answer or reply.”
This law means that you have the option of adding what are called “affirmative defenses” to your Answer document. These are legal reasons that explain why you do not owe the debt in question, or why the legal action being taken against you is invalid.
If you plan to use any affirmative defenses in your case, you must include them in your initial Answer document. Failure to assert an affirmative defense may mean you cannot bring up that defense in the case if it progresses to a hearing or trial.
Some of the most common affirmative defenses that people use in Illinois when responding to a debt collection lawsuit include the following:Make the right defense the right way with SoloSuit
The Answer form may not provide space for affirmative defenses, but the form does allow you to attach additional statements to the form. You should be sure to include your affirmative defenses (as many listed above as apply to you) on that separate sheet of paper.
Unfortunately, an inability to pay a debt does not count as a valid affirmative defense.
Once you have taken the time to create your Answer document, all you have left to do is (1) file the Answer with the court, and (2) make sure that the plaintiff gets a copy. Let's talk about those two steps.
To file your Answer with the court, Illinois requires that you file online. The way to do that is to follow the instructions for e-filing. If you do not have access to a computer, then you can go to the Circuit Court Clerk's office for help e-filing your Answer; in some areas, you may be required to use a public terminal to e-file. The Answer can either be on paper or saved on a flash drive. E-filing can be surprisingly complicated; here is more information.
The court will not consider your Answer document if it is not filed with an Appearance document. This rule is only specific to Illinois. So, when filing your Answer, be sure to file an Appearance form as well.
To send a copy to your adversary, you can send your Answer by hand delivery, by regular mail, by FedEx or UPS, or email (if the adversary provided an email address). Remember the debt collector should get a copy of your Answer. But if the debt collector has an attorney, then the Answer should go to that attorney's address instead.
Make sure that you keep a copy of your Appearance and Answer for your records.
SoloSuit can file your Answer for you in Illinois and all other states.
Finally, the State of Illinois asks that you include a “Proof of Delivery” section in your Answer. Room on the Answer form is provided for this Proof of Delivery information. Simply put, the Proof of Delivery is the way that you tell the court how you sent a copy of your Answer to the debt collector, or his lawyer. SoloSuit's Answer form includes this section.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Debt collectors cannot hold a debt over your head forever. Illinois debt collection laws protect you from being sued for debt that is super old. The Illinois statute of limitations on debt declares that creditors only have a limited amount of time to sue you for a debt. The limitations period depends on the kind of debt you owe.
In Illinois, the statute of limitations on debt resulting from an oral contract is five years, according to Illinois Rules of Civil Procedure 735 ILCS 5/13-205.
For credit card debt, medical debt, auto loan debt, student loan debt, mortgage, debt, and other personal loan debt, the Illinois statute of limitations is tens years, as outlined in (735 ILCS 5/13-206).
The table below further outlines the Illinois statute of limitations on different types of debt:
Debt Type | Deadline |
---|---|
Oral Contract | 5 years |
Credit Card | 10 years |
Medical | 10 years |
Auto Loan | 10 years |
Student Loan | 10 years |
Mortgage | 10 years |
Judgment | 20 years |
Source: 735 ILCS 5/13-205, 5/13-206, and 5/13-218 |
Note that the statute of limitations clock starts to run on the date of your last payment. This means that if a debt collector reaches out about an old debt, and you start making payments on the account, the clock on the statute of limitations will restart. This is why you should always check the statute of limitations on your debt before making any payments or payment plans, or acknowledging that you owe it.
It's also worth noting tha the statute of limitations on a judgment is infinitely renewable in Illinois. So, if you get sued and a judgment is entered in your case, the plaintiff can continue to renew the judgment until the debt is paid off, typically via wage garnishment.
Now, let's consider an example.
Example: Sarah, who is from Illinois, stopped making payments on her credit card account about six years ago. Recently, she was contacted by a debt collector about the debt. She found out that the credit card company had sold her debt account to the collection agency who was now trying to get her to pay off her debt of $800. The debt collectors kept contacting Sarah, and eventually they filed a lawsuit. After doing some research online, Sarah found out that the debt's statute of limitations was five years and had already passed. Sarah used SoloSuit to draft an Answer to the lawsuit where she added that the statute of limitations had expired on the debt as one of her affirmative defenses. A few weeks later, she found out the debt collection agency dismissed the case.
If your debt is still within the statute of limitations, the chances of a dismissal as less likely. Luckily, you still have options.
One of the most effective ways to eliminate debt is to settle for less than you currently owe. Many creditors and debt collectors would prefer to accept a lower settlement offer rather than go through a lengthy collections process or endure legal fees. Here’s how you can settle debt in Illinois and leave the debt behind you.
If you’ve been sued over your unpaid debt, your first course of action needs to be responding to the lawsuit. You’ll need to file an “Answer,” which is a document that communicates your willingness to fight the lawsuit in court.
Act fast. Depending on your jurisdiction, you may have as little as 14 days to file an Answer. Miss this window, and the court can render a default judgment in favor of your debt collector.
Not sure where to start? SoloSuit offers an online tool that helps you draft your Answer. Just answer a few simple questions, and you can download the Answer and mail it to your local court.
Avoid a default judgment by filing your Answer with SoloSuit today.
Settling debt is all about the fine art of negotiating. Start by offering to pay 60% of your original debt. Ideally, your debt collector will accept this, but if not, they can respond with a counteroffer.
Admittedly, this can be a challenge if you’re not used to the process. Thankfully, SoloSettle can act as a “middleman” between you and your debt collector. You can use the online platform to negotiate debt without ever having to interact directly with the debt collector, and when it’s time for payment, SoloSettle can handle that process as well.
You’ll want to get your debt settlement agreement in writing before you pay a single cent. Having a written agreement can prevent misunderstandings and ensure you and your debt collector are on the same page.
Make sure your settlement agreement records:
Your debt collector will also be obligated to report that your debt is paid in full to consumer credit bureaus. For added peace of mind, you can have the agreement notarized, thus forming a contract between you and the debt collector.
Keep in mind that at any point in the debt settlement process, you have rights. For example, under the Illinois Collection Agency Act 225 ILCS 425/1, debt collectors can’t take actions like publishing your outstanding debt or disclosing your debt to parties with no business interest.
To learn more about how to settle debt, we interviewed an attorney. Watch the video below for some expert lawyer tips on debt settlement.
Hiring an attorney can be tricky and expensive. Luckily, the state of Illinois has several legal aid organizations that can help people who cannot or do not want to hire a lawyer and are representing themselves. Here are some of the prominent legal aid organizations in Illinois:
Prairie State Legal Services, Inc. (for Northern Illinois)
303 North Main Street, Suite 600
Rockford, IL 61101
(815) 965-2134
https://www.pslegal.org/
Land of Lincoln Legal Assistance Foundation, Inc. (for Southern Illinois)
8787 State Street, Suite 201
East St. Louis, IL 62203
(887) 342-7891
https://lincolnlegal.org/
Online Legal Aid
https://www.illinoislegalaid.org/
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter.
When a debt collector contacts you in any way, whether it's by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt.
This flowchart shows how you can use a Debt Validation Letter to win.
Get started with a Debt Validation Letter here.
Losing a court case can result in a judgment against you. This can lead to wage garnishment, which means that your creditor has the authority to take a portion of your paycheck until the debt is fully repaid.
However, Illinois has wage garnishment laws that limit the amount your creditor can seize. Here’s how Illinois wage garnishment laws protect you and your finances.
As in most states, Illinois wage garnishment is limited to what’s called your “disposable” earnings. This refers to the portion of your paycheck that remains after deducting required withholdings — mainly your state and federal taxes.
However, your disposable earnings can still include the parts of your paycheck allocated toward voluntary withholdings. So the money you contribute to health insurance or retirement contributions can also be garnished.
In most states, debt collectors can garnish up to 25% of your paycheck. Illinois has restrictions that are a bit more favorable to debtors. According to 740 ILCS 170/4, creditors can only garnish the lesser of the following:
However, there are exceptions to this rule for certain types of debts. For example, if you owe back payments for child support, your wages can be garnished at a rate of 50%.
State law also restricts the type of income that can be garnished. Creditors cannot garnish any of the following sources of income:
Illinois also allows for something called a “wildcard” exemption, which protects up to $4,000 of your assets from being garnished on a case-by-case basis.
Illinois residents have the right to file an Emergency Motion to Claim Exemption. If granted, this will exempt the money currently in your bank account from being garnished.
While this won’t stop the garnishment of your paychecks, it ensures that your current assets are intact so that you can pay for basic necessities, such as your housing, food, utilities, and emergency expenses.
You can often avoid wage garnishment altogether by filing an Answer. Once drafted, you can either pay the debt in full or try to negotiate with the creditor or debt collector to settle your debt for less than the original amount. SoloSettle makes this process easy and straightforward.
Wage garnishment limitations aren't the only debt collection laws that protect you in Illinois.
Consumers in Illinois are protected from harassment at the hands of debt collectors. Both federal and Illinois debt collection laws prohibit aggressive or dishonest debt collection tactics. Take a closer look at your rights against overzealous debt collection practices.
Illinois residents are protected at the federal level by the Fair Debt Collection Practices Act (FDCPA). This act prohibits debt collectors from engaging in such activities as:
You can report violations to the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB). Contact the FTC through the FTC website or by calling 877-382-4357. You can reach the CFPB through the CFPB website or by calling 855-411-2372.
Keep in mind, however, that the FDCPA only applies to third-party debt collectors. Your original creditor is not bound by these restrictions.
Illinois state law goes beyond the provisions of the FDCPA. According to the Illinois Collection Agency Act (ICAA), debt collectors are prohibited from:
The ICAA also requires that debt collectors provide you with the details of your debt in writing within 5 days of contacting you. And if your current creditor is not the same as your original creditor, the collector must provide evidence outlining your debt within 30 days of contacting you.
Once you receive this documentation, you have 30 days to dispute the debt. You can also compel the debt collector to provide evidence of the debt through a Debt Validation Letter. Never pay a dime until you have documented proof that the debt is yours.
A statute of limitations means that debt collectors can only take legal action within a certain period of time. Your debt doesn’t disappear after the statute of limitations expires, but the statute does prevent your collector from suing you over unpaid debt.
In Illinois, the statute of limitations is ten years for most debts, as we mentioned before.
Remember that the statute of limitations is measured by the date of your last payment — not the original date of the debt. Some debt collectors may pressure you to make a “good faith” payment to keep your account in good standing. If you do this, you’ll restart the clock on your statute of limitations.
It’s better to respond to a collector by sending a Debt Validation Letter, an Answer, or in some cases, a Cease and Desist Letter. SoloSuit can help you respond to a debt collector effectively.
If you’re struggling with high debt, you have several options. Illinois debt relief can come in the form of strategies and programs specifically for debt assistance, as well as other programs aimed to help you better manage your finances. Here are some of your best options.
Debt consolidation means that you replace multiple debt payments with a single loan. Ideally, your new loan has a lower interest rate than any of your previous payments, which allows you to save on interest payments and get out of debt faster.
While this is a good option, the best rates and terms will go to those with strong credit. Also, if you fall behind in your debt payments, you’ll only be adding to your financial burdens.
Similarly, bankruptcy offers a potential solution to dealing with debt, but it should typically only be considered after you’ve explored all other options.
Debt settlement is a great way to eliminate your debt for less than what you owe. You can do this by yourself using a tool using SoloSettle, or by contacting a third-party debt relief company.
A debt relief agency will ask you to open a dedicated account and deposit monthly payments. Once the account reaches a predetermined threshold, the agency will contact your creditor to negotiate payment terms.
Many such agencies promise debt relief in as little as 5 years. However, it’s important to know there are many scams, especially for specialized debt such as student loans. And even if the debt relief company acts honorably, your credit can still take a hit while you wait for your money to accumulate. You may even have to pay a fee for their services.
Settle your debt on your own by using SoloSettle.
Debt can create a major financial burden for individuals and their families. Illinois offers multiple options that you can tap into to help you manage your finances as well as your debt:
While these programs are not designed to address debt directly, they provide financial support while you manage your household debts.
In Illinois, the court system includes Circuit Courts, Courts of Appeals, and a Supreme Court. Do you need to check the status of a court case in Illinois? You have two options: checking the court case status in person, or online.
To access court records in person, you’ll need to visit the courthouse directly and submit a written request to the county clerk. To do this, you’ll need at least one of the following pieces of information:
You can find the court location by using the Illinois courts directory page. If you don’t know your case number, you can also request this in person at the courthouse that will hear your case.
You can also check the status of your court case using Illinois’ online tool called re: SearchIL. You’ll need to use information that includes:
To use the platform, sign up for a free account, after which you can access publicly available court information. If you can’t find your court records online, it may be that your case is too new to appear in the database. You can also get help by contacting the clerk’s office for the county court.
If you don't feel comfortable sending your court documents over e-file, you can always visit your courthouse and file in person. Use this Illinois Courts Directory tool to find the address of your courthouse. You can also use this list of Illinois court clerks if you want to call and ask any questions about filing.
Knowing where your courthouse is located can help you be better prepared for your trial and stay updated on your case status.
Alternatively, SoloSuit can help you draft and file an Answer in your local Illinois court. Find your court in the list below to get started.
Sending a fake Summons is against the law, but that doesn't always stop debt collectors from doing so. Here are some ways you can spot a fake Summons from a debt collector, and how to confirm if your debt collection lawsuit is real or not:
Learn more about fake Summons from debt collectors here.
There you are: the basic tools to respond to a debt collection lawsuit in the State of Illinois. Remember, you do not need to give away your power when being sued by a debt collector. If you take just a little time to respond to the lawsuit, you may find that the debt collector will fold. Then, you no longer have to worry about the debt. Yet, even if the debt collector follows through, you are in a better position by responding to the lawsuit than if you automatically lose the suit by not responding.
So, five key takeaways for responding to a debt collection suit in Illinois are:
Good luck!
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