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Illinois Supreme Court Adopts Rules for Debt Collection Civil Suits, Identity Theft Recourse

The Illinois Supreme Court recently adopted new rules that establish a more stringent process for debt collection companies to file civil cases, allow the court to more easily dismiss cases filed by those companies, and establish a process for purported victims of identity theft to contest liability. 

Illinois Supreme Court Rules 280-280.5 go into effect Oct. 1.

Rules 280 and 280.1 define applicability and definitions of legal terms for civil action. Rule 280.2 establishes a uniform affidavit that courts will accept to identify basic information in civil complaints filed by debt collection companies.

“While it may seem cumbersome, it addresses a lot of concerns that consumers and consumer attorneys have had throughout the years about specific debt,” said Robert Markoff, who is a partner in Markoff Law LLC and a past chair of the ISBA Commercial, Banking & Bankruptcy Section Council. “It’s a positive thing. It’s not a burden.”

Rule 280.3 allows the court to more easily dismiss motions for continuance or voluntary dismissal in civil cases filed by debt collection companies, and Rule 280.4 allows the court enter a default judgment or dismiss a case if debt collection companies are not compliant.

Rule 280.5 establishes a process for people who claim to be victims of identity theft to file affidavits with the court contesting liability. 

“The identity issues are truly minor, because these matters usually don’t get to the collection process,” Markoff said. “Our clients have become much more sophisticated that they don’t want to waste their time and money filing suits that aren’t going anywhere.”

Posted on August 7, 2018 by Rhys Saunders
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