How to Answer a Summons for Debt Collection in Illinois

You just received a debt collection lawsuit in Illinois. Now you need to act fast.

You have 30 days to respond. Filing an Answer greatly increases your chances of avoiding payment altogether.

Why? Debt collectors often lack evidence to follow through. They file lawsuits expecting you won’t show up.

When debtors fail to respond, they automatically lose. The debt collector wins by default. Don’t let that happen to you.

Our partner Solo gives you tools to push back effectively. You might show the court you don’t owe anything.

We cover how, when, and where to respond. You’ll feel confident standing up for your rights in court.

Respond to Your Illinois Debt Collection Summons Before the Deadline

You have 30 days to respond to a debt collection lawsuit in Illinois.

The clock starts when you receive the Summons and Complaint. More specifically, Illinois law 735 ILCS 5/2-208 states:

“No default shall be entered until the expiration of at least 30 days after service.”

You must file your Appearance and Answer forms before the deadline. Miss it and the debt collector can get a default judgment.

That means they can garnish your wages and seize your property.

Use an Illinois Answer to Complaint Form

Several ways exist to create an Answer. The easiest is using our partner Solo’s Debt Answer form.

Software guides you through responding to your Illinois debt lawsuit. It takes minutes to complete online.

Your form gets personalized to your specific case. Alternatively, you can use forms from the Illinois court system.

Find the state form here: AR-A 1403.4.

You must also file an Appearance at the same time. The Appearance tells the court you wish to be heard.

Our partner Solo helps you create both documents. Or use this state form: AP-P 503.7.

Use accepted formats so Illinois courts will process your response.

Illinois Courts Charge a Filing Fee for Appearances and Answers

You must file an Appearance form before your Answer. The Answer itself is technically free.

But all Illinois courts charge a fee for the Appearance. Without an Appearance, your Answer won’t be considered.

Filing fees range from $109 to $251. The amount depends on your case and which court has jurisdiction.

Our partner Solo calculates your filing fee and delivers it to court.

You can also call the court clerk. Two fee amounts exist for each Illinois court.

One applies to small claims involving $2,500 or less. Another applies to cases exceeding $2,500.

Knowing your lawsuit amount helps determine your filing fee. Can’t afford it? Request a fee waiver.

Fill out the Application for Waiver of Court Fees form.

Follow These Steps to Respond to a Debt Collection Case in Illinois

Understanding the process helps you respond effectively. A debt collection lawsuit begins when the plaintiff files in court.

The plaintiff then sends a court Summons and Complaint to you. The Summons officially notifies you you’re being sued.

The Complaint lists all specific allegations against you. It essentially states: “You owe me money, and you haven’t paid.”

Once you receive these documents, you must respond. You either admit guilt or defend yourself.

In Illinois, you respond with an Appearance form and Answer form. The Appearance declares you plan to appear in court.

You can choose a trial with just a judge. Or you can choose one with both judge and jury.

The Answer document responds to each Complaint claim. You also give your defenses there.

Follow these three steps to respond to a debt collection Summons in Illinois:

1. Answer each claim listed in the Complaint.
2. Assert your affirmative defenses.
3. File the Appearance and Answer with the court, and send a copy to the plaintiff’s attorney.

Our partner Solo can help you draft and file an Answer in just 15 minutes.

Answer Each Claim Listed in the Complaint

Your Answer’s first section responds to each Complaint claim. Illinois law 735 ILCS 5/2-610(a-b) states:

“Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation.”

You must respond to each allegation. If you don’t respond to one, the court considers it admitted.

Look at the Complaint’s numbered paragraphs containing specific claims. Respond to each claim in a numbered list on your Answer.

Choose one of these responses for each claim:

1. Admit – “This is true.”
2. Deny – “Prove it.”
3. Deny due to lack of knowledge – “I don’t know.”

Most attorneys recommend denying as many claims as possible. You force the other side to prove their claims.

If they lack documentation or evidence, they might dismiss the case altogether.

Remember: if the Complaint has information you both agree and disagree with, choose “Deny.” You’ll clarify later what exactly you’re denying.

Assert Your Affirmative Defenses

After addressing every numbered Complaint claim, assert your affirmative defenses. These are legal reasons you don’t owe the debt.

Or they explain why the legal action against you is invalid. Illinois law 735 ILCS 5/2-613 states:

“The facts constituting any affirmative defense, such as payment, release, satisfaction, discharge, statute of limitations…must be plainly set forth in the answer.”

You must include affirmative defenses in your initial Answer document. Failure to assert them may prevent using them later.

Common affirmative defenses in Illinois debt collection lawsuits include:

• You already paid the debt or started paying part of it.
• The agreement underlying the debt has been terminated.
• The creditor already said you don’t owe the debt.
• You co-signed a contract without being told you’d be liable.
• The debt collector didn’t attach the actual agreement creating the debt.
• The debt collector lacks “standing” to sue you.
• The debt collector filed beyond the Illinois statute of limitations.

The Answer form may not provide space for affirmative defenses. You can attach additional statements to the form.

Include your affirmative defenses on that separate sheet. Unfortunately, inability to pay doesn’t count as a valid affirmative defense.

File the Appearance and Answer with the Court, and Send a Copy to the Plaintiff’s Attorney

After creating your Answer document, two steps remain. First, file the Answer with the court. Second, make sure the plaintiff gets a copy.

Illinois requires you to file online. Follow the instructions for e-filing.

If you lack computer access, go to the Circuit Court Clerk’s office. In some areas, you may use a public terminal to e-file.

The Answer can be on paper or saved on a flash drive. E-filing can be surprisingly complicated.

The court won’t consider your Answer without an Appearance document. When filing your Answer, be sure to file an Appearance form too.

Send a copy to your adversary by hand delivery, regular mail, FedEx, UPS, or email.

The debt collector should get a copy of your Answer. But if they have an attorney, send it to that attorney’s address instead.

Keep a copy of your Appearance and Answer for your records.

Illinois asks you to include a “Proof of Delivery” section. The Answer form provides room for this information.

The Proof of Delivery tells the court how you sent a copy to the debt collector or their lawyer.

Check the Statute of Limitations on Debt in Illinois

Debt collectors cannot hold debt over your head forever. Illinois debt collection laws protect you from being sued for very old debt.

The Illinois statute of limitations declares creditors have limited time to sue you. The limitations period depends on your debt type.

In Illinois, the statute of limitations on oral contract debt is five years. The law is found in 735 ILCS 5/13-205.

For credit card, medical, auto loan, student loan, mortgage, and personal loan debt, the Illinois statute of limitations is ten years.

The law is outlined in 735 ILCS 5/13-206.

Statute of Limitations on Debt in Illinois

The statute of limitations clock starts on your last payment date. If a debt collector contacts you about old debt, making payments restarts the clock.

Always check the statute of limitations before making any payments. Also check before acknowledging you owe the debt.

The statute of limitations on a judgment is infinitely renewable in Illinois. If you get sued and a judgment enters your case, the plaintiff can keep renewing it.

They’ll renew until the debt is paid off, typically via wage garnishment.

Settle Debt in Illinois

If your debt is within the statute of limitations, dismissal is less likely. Luckily, you still have options.

One effective way to eliminate debt is settling for less than you owe. Many creditors prefer accepting lower settlement offers rather than enduring lengthy collections.

File an Answer in the Event of a Lawsuit

If you’ve been sued over unpaid debt, respond to the lawsuit first. You’ll need to file an Answer.

An Answer communicates your willingness to fight the lawsuit in court. Act fast.

Depending on your jurisdiction, you may have as little as 30 days to file. Miss this window and the court can render a default judgment.

Our partner Solo offers an online tool to draft your Answer. Answer simple questions and download the Answer.

Mail it to your local court. Avoid a default judgment by filing your Answer today.

Make an Initial Offer to Start Negotiating

Settling debt involves negotiation. Start by offering to pay 60% of your original debt.

Ideally, your debt collector accepts this. If not, they can respond with a counteroffer.

SoloSettle can act as a middleman between you and your debt collector. Use the online platform to negotiate debt without direct interaction.

When it’s time for payment, SoloSettle handles that process too.

Insist on a Debt Settlement Agreement in Writing

Get your debt settlement agreement in writing before paying anything. Written agreements prevent misunderstandings.

They ensure you and your debt collector are on the same page.

Make sure your settlement agreement records:

• Your settlement amount
• The terms of your payment
• A waiver absolving you of your remaining balance once paid

Your debt collector must report your debt as paid in full to consumer credit bureaus. For added peace of mind, get the agreement notarized.

Remember Your Rights

You have rights at any point in the debt settlement process. Under the Illinois Collection Agency Act 225 ILCS 425/1, debt collectors can’t publish your outstanding debt.

They can’t disclose your debt to parties with no business interest.

Utilize Illinois Legal Aid Organizations

Hiring an attorney can be tricky and expensive. Illinois has several legal aid organizations for people representing themselves.

Prairie State Legal Services, Inc. (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. (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/

Respond to a Collection Agency in Illinois

If you’ve only received a collections notice, not a lawsuit, respond with a Debt Validation Letter.

When a debt collector contacts you by phone or mail, you can formally request debt validation.

A Debt Validation Letter notifies the collector you dispute the debt. It forces them to provide proof you owe it.

They can’t call you or continue collecting until they provide validation.

Stop Wage Garnishment in Illinois

Losing a court case can result in a judgment against you. Judgments can lead to wage garnishment.

Your creditor has authority to take a portion of your paycheck. They’ll take it until the debt is fully repaid.

Illinois has wage garnishment laws limiting the amount your creditor can seize.

Wage Garnishment Is Limited to Your Disposable Earnings

Illinois wage garnishment is limited to your “disposable” earnings. This refers to the portion remaining after deducting required withholdings.

Mainly your state and federal taxes. However, disposable earnings can include parts allocated toward voluntary withholdings.

Money you contribute to health insurance or retirement can also be garnished.

Illinois Sets Limits on Wage Garnishment

In most states, debt collectors can garnish up to 25% of your paycheck. Illinois has more favorable restrictions for debtors.

According to 740 ILCS 170/4, creditors can only garnish the lesser of:

• 15% of your disposable earnings.
• The amount of your disposable earnings exceeding 45 times the Illinois minimum wage ($13/hour).

Exceptions exist for certain debt types. If you owe back child support payments, wages can be garnished at 50%.

Illinois Limits What Types of Income Can Be Garnished

State law restricts the type of income that can be garnished. Creditors cannot garnish:

• Unemployment compensation benefits
• Workers’ compensation benefits
• Social Security, SSI benefits, and disability
• Pension and retirement benefits and refunds
• Public assistance benefits
• Veterans’ benefits
• Circuit breaker property tax relief benefits
• Child support

Illinois also allows a “wildcard” exemption. This protects up to $4,000 of your assets from garnishment on a case-by-case basis.

File an Exemption to Stop Wage Garnishment

Illinois residents have the right to file an Emergency Motion to Claim Exemption. If granted, this exempts money currently in your bank account.

While this won’t stop paycheck garnishment, it ensures your current assets are intact. You can pay for basic necessities.

These include housing, food, utilities, and emergency expenses.

Opt for Debt Settlement

You can often avoid wage garnishment altogether by filing an Answer. Once drafted, you can either pay the debt in full or negotiate.

Try to settle your debt for less than the original amount. SoloSettle makes this process easy and straightforward.

Other Illinois Debt Collection Laws Protect You

Wage garnishment limitations aren’t the only debt collection laws protecting you. Consumers in Illinois are protected from harassment.

Both federal and Illinois debt collection laws prohibit aggressive or dishonest tactics.

Illinois Residents Are Protected by Federal Law

Illinois residents are protected at the federal level by the Fair Debt Collection Practices Act (FDCPA).

The act prohibits debt collectors from:

• Calling you more than once per day.
• Calling you after 9 p.m. or before 8 a.m.
• Threatening to arrest you for not paying your debt
• Declining to validate your debt
• Ignoring a cease and desist letter
• Speaking with you if they know you have an attorney
• Failing to identify themselves as a debt collector
• Talking to your friends, family, or coworkers about your debt
• Using vulgar language

You can report violations to the Federal Trade Commission or Consumer Financial Protection Bureau. Contact the FTC through the FTC website or call 877-382-4357.

Reach the CFPB through the CFPB website or call 855-411-2372.

Keep in mind the FDCPA only applies to third-party debt collectors. Your original creditor is not bound by these restrictions.

Illinois Protects You from Debt Collectors

Illinois state law goes beyond FDCPA provisions. According to the Illinois Collection Agency Act (ICAA), debt collectors are prohibited from:

• Wearing an unauthorized badge or uniform.
• Threatening to seize your property to repay the debt.
• Falsely claiming to represent an attorney.
• Attempting to intimidate you with attorney fees or other penalties.

The ICAA requires debt collectors to provide you with debt details in writing. They must do this within 5 days of contacting you.

If your current creditor differs from your original creditor, the collector must provide evidence. They must do this 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 through a Debt Validation Letter.

Never pay anything until you have documented proof the debt is yours.

Illinois Sets a Statute of Limitations on Debt

A statute of limitations means debt collectors can only take legal action within a certain period. Your debt doesn’t disappear after the statute expires.

But the statute prevents your collector from suing you over unpaid debt. In Illinois, the statute of limitations is ten years for most debts.

Remember the statute of limitations is measured by your last payment date. Not the original date of the debt.

Some debt collectors may pressure you to make a “good faith” payment. If you do this, you’ll restart the statute of limitations clock.

It’s better to respond to a collector by sending a Debt Validation Letter, Answer, or Cease and Desist Letter.

Find Debt Relief in Illinois

If you’re struggling with high debt, you have several options. Illinois debt relief can come through strategies and programs specifically for debt assistance.

Other programs help you better manage your finances.

Consolidate Your Debt

Debt consolidation means you replace multiple debt payments with a single loan. Ideally, your new loan has a lower interest rate.

This allows you to save on interest payments and get out of debt faster. While this is a good option, the best rates go to those with strong credit.

Also, if you fall behind in payments, you’ll only add to your financial burdens.

Settle Your Debt

Debt settlement is a great way to eliminate debt for less than you owe. You can do this yourself using SoloSettle.

Or by contacting a third-party debt relief company. A debt relief agency will ask you to open a dedicated account.

You’ll deposit monthly payments. Once the account reaches a predetermined threshold, the agency contacts your creditor.

Many such agencies promise debt relief in as little as 5 years. However, many scams exist, especially for specialized debt like student loans.

Even if the debt relief company acts honorably, your credit can still take a hit. You may even have to pay fees for their services.

Consider Financial Assistance

Debt can create a major financial burden for individuals and families. Illinois offers multiple options to help manage your finances and debt:

• Illinois Temporary Assistance for Needy Families (TANF): Financial assistance for families containing children and expectant mothers.
• Mental Health Services: Help for adults and adolescents with mental health concerns.
• Illinois Helpline: Treatment and addiction recovery services for Illinois residents.
• Illinois Housing Help: Multiple forms of housing assistance to ensure tenants and landlords are financially secure.

While these programs aren’t designed to address debt directly, they provide financial support while you manage household debts.

Check Your Court Case Status in Illinois

In Illinois, the court system includes Circuit Courts, Courts of Appeals, and a Supreme Court. Need to check your court case status? You have two options: in person or online.

Check the Court Case Status in Person

To access court records in person, visit the courthouse directly. Submit a written request to the county clerk.

You’ll need at least one of the following:

• Case number
• Party names
• Court the case was filed
• Filing date

Find the court location using the Illinois courts directory page. If you don’t know your case number, request this in person at the courthouse.

Check the Court Case Status Online

You can also check your court case status using Illinois’ online tool called re: SearchIL.

You’ll need information including:

• Court location
• Case category
• Case type
• Case filed date
• Attorney’s name

Sign up for a free account to access publicly available court information. If you can’t find your court records online, your case may be too new.

You can also get help by contacting the clerk’s office for the county court.

File an Answer in Your Local Illinois Court

If you don’t feel comfortable sending court documents over e-file, visit your courthouse and file in person.

Use this Illinois Courts Directory tool to find your courthouse address.

Use this list of Illinois court clerks if you want to call with questions about filing.

Knowing your courthouse location helps you prepare for trial. You can also stay updated on your case status.

Our partner Solo can help you draft and file an Answer in your local Illinois court.

How to Spot a Fake Summons from a Debt Collector

Sending a fake Summons is against the law. That doesn’t always stop debt collectors from doing so.

Here are ways to spot a fake Summons from a debt collector:

• Disability accommodations: The Summons should outline all provisions available within the courtroom to accommodate disabled people. This might include a translator, lingual expert, or accommodations for visual or auditory disabilities.
• Venue: There should be a box on the Summons explaining the “venue” (location) of the court date. This includes the city, state, and any other important information.
• Deadline for response: When you receive a legitimate court Summons, you’ll get a deadline for your response. The deadline is specific to the issued complaint that comes with the Summons.
• Signature line: A real Summons contains a signature line at the end. The court clerk signs to verify documents were officially filed with the court. If the signature doesn’t match the court clerk’s name on the courthouse website, it may be fake.
• Call the court clerk: If you suspect you’ve been served a fake Summons, call the court clerk to verify the case is legitimate. Give the clerk the case information, including party names and case number.

Key Takeaways

You don’t need to give away your power when being sued by a debt collector. Take a little time to respond to the lawsuit.

You may find the debt collector will fold. Then you no longer worry about the debt.

Even if the debt collector follows through, you’re in a better position. Responding is better than automatically losing by not responding.

Five key takeaways for responding to a debt collection suit in Illinois are:

1. You have 30 days to respond to a debt collection lawsuit with an Answer in Illinois.
2. You must file an Appearance form with your Answer. The Appearance filing fee ranges from $109 to $251, depending on the court.
3. Our partner Solo can help you draft and file an Answer where you respond to each Complaint claim and assert your affirmative defenses.
4. The statute of limitations on credit card debt is ten years in Illinois.
5. Illinois has several legal aid organizations that can help you. You can call the court clerk with basic questions about your case.