Illinois Debt Collection Summons (2022 Guide)

No one likes dealing with aggressive creditors, especially when you’re barely staying afloat. So, Illinois residents who have been served with a lawsuit from a creditor should know how to respond.

Debt collectors love to initiate lawsuits but rarely follow through with the case. However, responding to their communications significantly increases your chances of not paying the debt. Therefore, it is in your best interest to respond to any communications from debt collectors.

They often file lawsuits hoping the debtor will not appear in court. This is usually what happens. When a debtor does not respond to a lawsuit, they automatically lose the case, and the debt collector wins. Do not let this happen to you.

The first step to responding to a debt collection lawsuit is understanding the basics. Illinois law protects consumers, and it is essential to know your rights. This blog will cover how to respond to a lawsuit and when and where to file your response. You can confidently defend your rights and win your case with this information.

Before the deadline, respond to your Illinois debt collection summons

In Illinois, the deadline to respond to a debt collection lawsuit is typically 30 days from when the Summons and Complaint are officially served. Keep in mind that this timeline starts as soon as the defendant has received the paperwork, so it’s essential to act fast.

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.”

You have thirty days from receiving a summons and complaint to file an appearance and answer in court, or you will lose by default. After the deadline, the debt collector can file for a default judgment, which, once granted, gives them the right to garnish wages and seize property.

Answer to Summons form for Illinois

 You can use the forms provided by the State of Illinois court system if you want to do it independently. Filing an “Appearance” is also necessary when filing an Answer. The Appearance is how one tells the court they wish to be involved in the lawsuit.

Illinois courts charge a filing fee for Appearances and Answers

You must first file an Appearance form to file an Answer to a complaint against you, Illinois. This is an official declaration that you plan to appear and defend yourself against the charges brought before the court. The fee for filing an Answer is free, but you must pay a small filing fee to file an Appearance. Without an Appearance, your Answer will not be considered by the court.

The filing fee for an appearance and Answer in Illinois varies depending on the court and the money. In general, the prices range from $109 to $251.

The amount of your filing fee will depend on the court in which your case is filed and the amount of money at stake. For example, in Illinois, the filing fee for small claims cases involving $2,500 or less is different from the fee for cases with more than $2,500 at stake. To get an accurate estimate of your filing fee, it is best to call the court clerk.

There are many reasons someone might need help paying the filing fee for a court case. In these situations, asking the court to waive the fee is possible. This process usually requires filling out another form called the Application for Waiver of Court Fees. By completing this form, you are asking the court to allow you to file your Appearance and Answer documents without paying a fee.

Respond to a debt collection case in Illinois by following these steps

Filing deadlines and fees can be confusing, so let’s review the basics of a debt collection case in Illinois. This will help you understand the process and the necessary documents involved.

The first step in any debt collection lawsuit is for the plaintiff (the debt collector or their lawyer) to file the paperwork with the court. Once that’s done, they must serve the defendant (the person being sued) with both the Summons and the Complaint.

The “Summons” literally summons or calls you into court. It is an official notification that you are being sued for a debt you supposedly owe.

A complaint essentially states: “You owe me money, and you have not paid.” This document lists all allegations or claims made against you by the debt collector.

When you receive a Summons and Complaint, it is time for you to take action. Like in any other situation where someone has a grievance, you can either admit fault or defend yourself. You can resolve the issue and move on by taking swift and appropriate action.

In Illinois, you must respond to a complaint filed against you with an Appearance form and an Answer form. The Appearance document is a statewide form that declares your intention to appear in your court case. 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:

• Respond to each claim listed in the complaint
• Make your affirmative defenses.
• File the Appearance and Answer with the court and send a copy to the plaintiff’s attorney.

 1. Respond To Each Claim In The Complaint

In your Answer document, you should address each claim made in the Complaint. For each claim, provide a response explaining why it is not valid. Be sure to back up your responses with evidence and reasoning.

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 every allegation against you within the Complaint. Failure to do so will be seen as an admission of guilt by the court.

The Complaint you received contains a list of numbered paragraphs that contain specific claims being made against you. You should create a numbered list on your Answer document to respond to each claim. Doing so will enable you to address each claim in an organized and efficient manner.

Choose one of the following responses to each of the Complaint’s claims:

• Admit—this is like saying, “This is true.”
• Deny—this is like saying, “Prove it.”
• Deny due to lack of knowledge is like saying, “I don’t know.”

It is advisable to reject as many claims as possible. This makes the other party prove what they are claiming is true. Without enough documentation or evidence, they may drop the case entirely.

It’s important to remember that, even if some of the information in the Complaint is accurate. However, if you disagree with other parts, selecting “Deny” for those paragraphs is still best. You’ll have an opportunity later to explain exactly what you’re denying and why.

2. Make your affirmative defenses

You’re ready to defend yourself against the claims made in the Complaint. Remember, when you’re in dispute, you not only disagree with the other person’s comments but also have to provide reasons for why you took the actions you took. In other words, you need to give affirmative defenses that show why you are not guilty of what you are being accused of.

Section 735 ILCS 5/2-613(d) of Illinois Rules of Civil Procedure states:

“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.”

The law provides that you may raise “affirmative defenses” in your Answer. These are legal reasons why you do not owe the debt or why the action taken against you is invalid. You must include any affirmative defenses you intend to use in your initial Answer. Some common affirmative defenses people use when responding to a debt collection lawsuit include:

• You have already paid the debt or started spending part of the debt.
• The agreement underlying the debt has been terminated.
• The creditor has already said that you do not owe the debt.
• You co-signed a contract, and no one told you that you would be liable under the contract.
• A lawsuit against a debt collector cannot proceed because no evidence of an actual agreement creating debt was provided.
• A debt collector cannot collect a debt unless he can prove that he owns it. In this case, the debt collector lacks “standing,” meaning that he has not shown in his Complaint that he owns the debt.
• Debt collectors have limited time to file lawsuits under Illinois law. As discussed below, debt collection lawsuits must be filed within a specific timeframe. This collector has missed his window of opportunity and will not be able to collect on this debt.

You can’t just list your affirmative defenses on the Answer form- you have to include them in a separate statement. Include all of your reasons that apply, and attach this sheet to your Answer form.

An inability to pay a debt does not excuse one from the responsibility for that debt.

3. File the Appearance and Answer with the court and send a copy to the plaintiff’s attorney

Now that you have completed your Answer document, there are only two steps left: (1) filing the Answer with the court and (2) ensuring that the plaintiff receives a copy. Let’s discuss those two steps.

You must file your Answer with the court in Illinois. You can do this by following the instructions for e-filing. This process can be complicated, so you must take the time to understand it. You may need access to a computer and a flash drive to e-file your Answer. Sometimes, you may use a public terminal at the Circuit Court Clerk’s office. Filing your Answer online is the best way to ensure that it is received and processed correctly.

When filing your Answer in Illinois, be sure also to file an Appearance form. This rule is specific to Illinois, and you must do so to avoid your Answer being considered by the court.

You can respond by hand delivery, mail, or email (assuming they provided an email address). Remember that the debt collector should get a copy of your response. However, the response should go to the attorney’s address instead if the debt collector has one.

Keep a duplicate of your Appearance and Response for your files.

Finally, The State of Illinois requires that you include a “Proof of Delivery” section in your Answer. This section verifies that you have sent a copy of your Answer to the debt collector or his lawyer.

The Illinois statute of limitations on debt

Debt collectors have a limited time to sue you for a debt. The limitations period depends upon the kind of debt it is. This is called the Illinois statute of limitations on collections. After this period expires, creditors cannot take legal action against you to collect the money owed.

This time limit starts on your last payment date. So, even though you may be contacted about an old debt, as long as you make a payment or set up a payment plan, that clock will reset. That’s why it’s essential to check how much time has passed before taking action on an old debt.

The statute of limitations on credit card debt, medical debt, and oral contracts is five years. The statute of limitations for written agreements, including mortgages, is ten years.

 Make use of Illinois legal aid organizations

There are many ways to obtain legal assistance, depending on your needs and budget. You can find free or low-cost legal help from various sources, including your state’s legal aid office. Here is a list of 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

http://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/

There are court locations in Illinois

There are many ways to file court documents, and each person has their preference. Some people feel more comfortable sending their documents over e-file, while others prefer to visit the courthouse in person. No matter which method you choose, the Illinois Courts Directory tool can help you find the address of your courthouse. You can also use the list of Illinois court clerks to call and ask any questions about filing.

The courthouse is a vital part of the American legal system, and it is essential to know where your local courthouse is located. This can help you prepare better for your trial and stay updated on your case status.

If I haven’t been sued yet, what should I do?

When you’ve received a collections notice, sending a Debt Validation Letter is the best way to respond. This letter will notify the collector that you dispute the debt and require them to prove that you owe it. They can only call you or continue collecting once they provide this validation. This flowchart shows how you can use a Debt Validation Letter to protect your rights.

What you need to know

You can keep your power when a debt collector is suing you. Taking just a little time to respond to the lawsuit can make the debt collector back down. Then you won’t have to worry about the debt anymore. Even if the debt collector follows through, you’re better off responding to the lawsuit than not responding and automatically losing.

So, five takeaways for responding to a debt collection suit in Illinois are:

• You have 30 days to respond to a debt collection lawsuit with an Answer document in Illinois.
• In order to file an Answer document, an Appearance form must be completed and submitted to the court. The fee for filing an Appearance ranges from $109 to $251, depending on the court.
• The statute of limitations on credit card debt is five years in Illinois.
• There are several legal aid organizations in the state of Illinois that can assist, and the court clerk should be able to answer any basic questions you have about your case.