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Table of Contents

List of Forms by Chapter

Chapter 1 — Bankruptcy

Chapter 2 — Collections

I. [2.1] Scope Chapter

II. [2.2] Establishment and Maintenance of Monitoring Procedures

III. Prefiling Concerns

[2.3] Review of Documents

[2.4] Potential Responsible Parties

[2.5] General Partnerships

[2.6] Limited Partnerships

[2.7] Limited Partner’s Liability

[2.8] General Partner’s Liability

[2.9] Businesses Conducted Under an Assumed Name

[2.10] Corporations

[2.11] Involuntary Dissolution

[2.12] Voluntary Dissolution

[2.13] Limited Liability Companies

[2.14] Dissolved LLCs

[2.15] Involuntarily Dissolved LLCs

[2.16] Individuals

[2.17] Co-Obligors, Cosigners, and Guarantors

[2.18] Primary Obligor in Bankruptcy

[2.19] Motor Vehicle Installment Agreements

[2.20] Retail Installment Sales Act

[2.21] Family Expense Statute

[2.22] Review for Possible Defenses

Contractual and Statutory Prejudgment Interest

[2.23] Contractual Interest

[2.24] Statutory Interest

[2.25] Identification of the Event of Default

[2.26] Acceleration Clauses

[2.27] Nervous Clauses

Limitations on Enforcement

[2.28] Four-Year Limitation — Sale of Goods

[2.29] Five-Year Limitation — Oral Contracts and Recovery of Property

[2.30] Ten-Year Limitation — Negotiable and Nonnegotiable Instruments and Other Contracts

[2.31] Collection Letters

IV. Fair Debt Collection Practices Act

[2.32] In General

[2.33] Definitions

[2.34] Debt Collector

[2.35] Consumer

[2.36] Consumer Debt

[2.37] Communication

[2.38] Location Information

[2.39] Communication with Debtor and Third Parties

[2.40] Communication by Phone

[2.41] Communication with Debtor’s Attorney

[2.42] Phone Calls to Debtor at Place of Employment

[2.43] Communication with Debtor by Mail

[2.44] Prohibited Conduct

[2.45] Abuse and Harassment

[2.46] False or Misleading Representations

[2.47] Unfair Practices

[2.48] Communication with Third Parties

[2.49] Ceasing Communications

[2.50] Affirmative Compliance Requirements

[2.51] Miranda Warning

[2.52] Validation Notice

[2.53] 30-Day Moratorium

[2.54] Disputed Debts

[2.55] Applicability Once Court Action Is Commenced

[2.56] Liability for FDCPA Violations

[2.57] Summary

V. [2.58] Commencement of the Action

[2.59] Jurisdiction

[2.60] Venue

[2.61] Businesses

[2.62] Individuals

Suits on Contract, Note, or Account

[2.63] Complaint and Summons

[2.64] Small Claims Case

[2.65] Law Medium and Law Cases

[2.66] Verification

[2.67] Service of Process

[2.68] Corporations

[2.69] Limited Liability Companies

[2.70] Partnerships

[2.71] Limited Partnerships

[2.72] Service by Special Order of Court

[2.73] Service Within a Gated Residential Community

Confession of Judgment

[2.74] Use and Benefits

[2.75] Consumer Transactions Excluded

[2.76] Procedure

[2.77] Venue

[2.78] Complaint

[2.79] Original Instrument

[2.80] Enforcement of Judgment

[2.81] Summons To Confirm Judgment by Confession

[2.82] Motion To Open Confessed Judgment

[2.83] Order Confirming Judgment by Confession

[2.84] Replevin

[2.85] Notice

[2.86] Complaint

[2.87] Hearing

[2.88] Order for Replevin

VI. [2.89] Enforcement of Judgments

[2.90] Duration of Judgment

[2.91] Memorandum of Judgment

Citation To Discover Assets

[2.92] Purpose of Citation

Benefits of Citation

[2.93] Prohibition on Transfer of Assets

[2.94] Lien on Personal Property

[2.95] Failure of Party To Appear

[2.96] Subsequent Citations

[2.97] Wage Deductions

Limitations on Wage Garnishment

[2.98] Maximum Wages Subject to Garnishment

[2.99] Calculating Disposable Income

[2.100] Stacking

[2.101] Service of Wage Garnishment Summons

[2.102] Notice, Summons, and Affidavit

[2.103] Interrogatories

[2.104] Lien Against Future Wages

[2.105] Creation of Garnishment Lien

[2.106] Attachment of Garnishment Lien

[2.107] Perfection of Garnishment Lien

[2.108] Employer’s Obligations

[2.109] Federal Agency Employer Exception

[2.110] Quarterly Certification

[2.111] Offsetting Claims

[2.112] Adverse Claims

[2.113] Debtor’s Right To Dispute

[2.114] Deduction Order

[2.115] Conditional Judgment Against Employer

[2.116] Nonwage Garnishments

[2.117] Joint Accounts

[2.118] Turnover Order

[2.119] Procedure

[2.120] Creation of Lien by Service

[2.121] Setoff

[2.122] Conditional Judgment Against Garnishee

Garnishment and Bankruptcy

[2.123] Automatic Stay

[2.124] Garnishment Summons Issued But Not Served

[2.125] Garnishment Summons Served But Wage Deduction Order Has Not Been Entered

[2.126] Filing Occurs After Entry of Wage Deduction Order

[2.127] Filing Occurs Prior to Entry of Wage Deduction Order

[2.128] Postpetition Earnings

[2.129] Levy

[2.130] Limitations

[2.131] Procedure

[2.132] Exemptions

[2.133] Workers’ Compensation Exemption

[2.134] Homestead Exemption

[2.135] Personal Exemptions

[2.136] Retirement Plan Exemption

VII. [2.137] Bankruptcy

[2.138] Chapter 7 — Liquidation

[2.139] Eligible Debtor

[2.140] Exemptions

[2.141] Redemption

[2.142] Reaffirmation

[2.143] Discharge

[2.144] Chapter 13 — Reorganization

[2.145] Eligible Debtor

[2.146] Chapter 13 Plan

[2.147] Plan Confirmation

[2.148] Objecting to Confirmation

[2.149] Modification of Plan

[2.150] Claims in Chapter 13 Case

[2.151] Codebtor Stay

[2.152] Estate Property

[2.153] Trustee

[2.154] Discharge

Matters Common to Chapters 7 and 13

[2.155] Proofs of Claim

[2.156] Automatic Stay

[2.157] Nondischargeable Debts

[2.158] Discharge of Debtor

VIII. Appendix

[2.159] Collection Letter — Consumer Debt

[2.160] Collection Letter — Commercial Debt

[2.161] Collection Letter — Consumer Mortgage

[2.162] Motion for Service by Special Order of Court

[2.163] Affidavit in Support of Motion for Service by Special Order

[2.164] Small Claims Complaint

[2.165] Date Certain Summons

[2.166] Law Medium or Law Case Complaint

[2.167] Supreme Court Rule 222(b) Affidavit

[2.168] 30-Day Summons

[2.169] Complaint and Confession of Judgment

[2.170] Order for Confession of Judgment

[2.171] Summons To Confirm Judgment by Confession

[2.172] Order Confirming Confession of Judgment

[2.173] Complaint in Replevin

[2.174] Notice for Order for Replevin

[2.175] Complaint in Replevin (Without Notice)

[2.176] Order for Replevin (with Notice)

[2.177] Order for Replevin (Without Notice)

[2.178] Replevin Bond

[2.179] Memorandum of Judgment

[2.180] Affidavit as to Military Service

[2.181] Petition To Revive Judgment

[2.182] 30-Day Notice for Petition To Revive Judgment

[2.183] Certificate of Service for Petition To Revive Judgment

[2.184] Order Reviving Judgment

[2.185] Citation To Discover Assets

[2.186] Citation Notice

[2.187] Wage Deduction Summons

[2.188] Wage Deduction Notice

[2.189] Affidavit for Wage Deduction Order

[2.190] Interrogatories to Employer

[2.191] Motion for Wage Deduction

[2.192] Wage Deduction Order

[2.193] Order Terminating Wage Deduction Proceedings

[2.194] Non-Withholding Wage Deduction Order

[2.195] Certification of Judgment Balance

[2.196] Garnishment Summons — Nonwage

[2.197] Nonwage Garnishment Notice

[2.198] Affidavit for Garnishment and Interrogatories — Nonwage

[2.199] Reaffirmation Agreement

[2.200] Objection to Confirmation of Chapter 13 Plan

[2.201] Objection to Confirmation of Amended Chapter 13 Plan

[2.202] Motion for Relief from Automatic Stay

[2.203] Order Terminating Automatic Stay

[2.204] Motion To Terminate Codebtor Stay

[2.205] Order Terminating Codebtor Stay

[2.206] Response to Motion To Redeem Personal Property

Authors

Kevin C. Driscoll, Jr.
Kevin C. Driscoll, Jr.
Kevin C. Driscoll, Jr., is a Partner in Barnes & Thornburg LLP, in Chicago, where he represents secured and unsecured creditors in Chapter 7, 11, and 13 proceedings. A frequent lecturer and author, Mr. Driscoll has been published by the American Bankruptcy Institute Journal and other publications. Mr. Driscoll received his A.B. from the University of Illinois and his J.D. magna cum laude from the University of Illinois College of Law, where he was a member of the University of Illinois Law Review, which published his note concerning student loan debt in consumer bankruptcy.
Timothy S. McFadden
Timothy S. McFadden
Timothy S. McFadden is Partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Finance, Insolvency, and Restructuring Department. He concentrates his practice on matters related to bankruptcy and restructuring, creditors’ rights, commercial finance and workouts, and commercial litigation. Mr. McFadden is involved with the Lymphoma Research Foundation, the Notre Dame Alumni Association, and the Chicago Coalition for the Homeless. He received his B.A. from the University of Notre Dame and his J.D. from the University of Notre Dame Law School.
Yvette V. Mishev
Yvette V. Mishev
Yvette V. Mishev is an associate in the Chicago and South Bend offices of Barnes & Thornburg LLP where she is a member of the firm’s Litigation Department and Finance, Insolvency, and Restructuring Department. Ms. Mishev was an associate editor at the Valparaiso University Law Review and served as a judicial clerk extern for Judge John E. DeGuilio. She received her B.A. cum laude from DePaul University and J.D. summa cum laude from Valparaiso University School of Law.
S. Linn Perkins
S. Linn Perkins
S. Linn Perkins is Member of Westervelt, Johnson, Nicoll & Keller, LLC, in Peoria, where she concentrates her practice in the areas of credit union law, mortgage foreclosure law, collections, and general business litigation. A frequent author and lecturer, Ms. Perkins has contributed to numerous IICLE^® publications. She is a member of the Illinois State and Peoria County Bar Associations. She earned her B.S. from MacMurray College and her J.D. from the University of Illinois College of Law, where she was a recipient of the Rickert Award for Excellence and a National Finalist for the ABA National Negotiation Competition.

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Elements of Illinois Law: Bankruptcy and Collections (ARCHIVED 2015 EDITION)

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