Subject Index Debtors and Creditors

On June 14, 2024, the First District of the Illinois Appellate Court held that, in cases where a creditor does not have actual notice of their debtor fraudulently transferring real property, the statute of limitations under the Uniform Fraudulent Transfer Act (UFTA) accrues when the deed is recorded.

The Payday Loan Reform Act is amended by changing sections 2-10 and 2-15 of the Act. Section 2-10 is amended by changing the appropriate fee a lender may charge a borrower.

The Supreme Court of Illinois concluded that liens obtained by hospitals under the Health Care Services Lien Act (770 ILCS 23/1 et seq.) (the "Lien Act"), are not limited to or conditioned upon a finding or allocation for medical expenses for injuries sustained by a minor.

The Illinois Wage Assignment Act was amended to impose additional requirements on wage assignment notice and service.

Interest penalties will not begin accruing on unpaid bills from state vendors until 90 days after the bill was received by the State.

On June 28, 2016, the Second District of the Illinois Appellate Court held that borrowers could not receive a set-off against a deficiency judgment when the bank purchased their home at auction after a foreclosure and subsequently sold it for a higher amount.

The Department of Financial and Professional Regulation amended the Collection Agency Act. The amendments add definitions for the terms "collection agency," "consumer credit," and "consumer debt."

On February 27, 2015, the Illinois Supreme Court held that a judgment in favor of an unlicensed debt collection agency is not void. A judgment is only void, the court noted, if it is entered without jurisdiction.

On September 10, 2014, the First District Appellate Court of Illinois upheld a foreclosure and sale even though the plaintiff agency was not registered under the Collection Agency Act, 225 ILCS 425/1 et seq., because the defendants failed to show the Act applied to the plaintiff.

On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.

The Code of Civil Procedure is amended by extending a debtor's exempt personal property to include some life insurance policies, endowment policies, and annuities if the proceeds are directed into a particular kind of trust. 735 ILCS 5/12-1001.