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List of Forms by Chapter
Chapter 1 — The Collection Action
II. Introduction
III. Investigating and Evaluating the Claim
IV. Considerations Before Filing Suit
V. Venue and Filing the Complaint
VII. [1.68] Appearance and Answer
VIII. Discovery and Pretrial
IX. Appendix — Forms
Chapter 2 — Enforcement of Judgments
III. [2.3] Importance of a Final and Valid Judgment
IV. [2.7] Voluntary and Court-Approved Installment Plans
V. Calculation of Interest and Court Costs and Assessment of Attorneys’ Fees for Postjudgment Actions
VI. [2.14] Citation To Discover Assets
VII. Wage Deduction Order
VIII. [2.68] Nonwage Garnishment
X. [2.78] Duties of Garnishees, Employers, and Third-Party Respondents
XI. [2.90] Levies Against Personal Property and Real Property and Foreclosure of Judgment Lien Against Real Estate
XIV. Appendix — Forms
Chapter 3 — Enforcing Security Interests and Liens on Personal Property
I. Scope of Chapter
II. Enforcing Rights Under Security Interests and the Uniform Commercial Code
III. [3.20] Enforcing Rights Under Statutory Liens
V. Appendix — Forms
Chapter 4 — Equitable Remedies
II. Discussion of Key Precedent in Collections Litigation
III. Fraudulent Conveyances
IV. [4.17] Charging Orders
V. Constructive Trusts
VI. Piercing the Corporate Veil
VII. Successor Liability
VIII. Accounting
IX. Lis Pendens
Chapter 5 — Replevin, Detinue, and Attachment
I. Replevin
III. Attachment
IV. Appendix — Forms
Chapter 6 — Claims and Remedies Against Defunct Corporations, Partnerships, and Unincorporated Associations
II. Claims and Remedies Against Defunct Corporations and Related Parties When a Corporate Entity Is Still in Existence
IV. [6.12] Remedies Available Against Officers, Directors, Shareholders, and Others
VI. Claims Against a Partnership and/or Its Partners
Chapter 7 — The Fair Debt Collection Practices Act
V. [7.5] What Are the Prohibitions, Requirements, and Standards of the Fair Debt Collection Practices Act?
VI. Some Initial Issues To Analyze When Presented with a Fair Debt Collection Practices Act Claim in Illinois
Chapter 8 — Creditors' Rights in Bankruptcy
II. [8.2] Collecting from Troubled Debtors; Prebankruptcy
III. When the Debtor Has Filed Bankruptcy
IV. Creditor Actions Not Halted by a Bankruptcy
V. Modifying the Automatic Stay
VI. Filing a Claim
VII. Confirmation
IX. [8.64] Lease Claims and Executory Contracts
X. [8.70] Nondischargeability and Denial of Discharge
XI. Discharge
Chapter 9 — Evictions and Distress for Rent
I. [9.1] Introduction — What Is Eviction?
II. [9.5] Required Notices of Termination
III. [9.13] Eviction Lawsuit
IV. Distress for Rent
Chapter 10 — Revival of Judgments and Registration of Foreign Judgments, Federal Judgments, and Judgments Entered in Another County in Illinois
I. [10.1] Revival of Judgments
II. [10.15] Registrations of Judgments Entered Outside Illinois
III. [10.21] Filing Judgments from Different Illinois Courts
IV. Appendix — Sample FormsJeffrey A. Albert is a Managing Partner of Markoff Law LLC, in Chicago, a regional creditors’ rights and debt collection law firm. Albertrepresents a variety of creditor clients in both commercial and consumer collection matters, including financial institutions, finance companies, municipalities, online lenders, debt purchasers, and businesses of all sizes. He is a Past President of the Illinois Creditors Bar Association and a member of both the National and Illinois Creditors Bar Associations. Albert received his J.D. from Michigan State University College of Law and his B.A. from the University of Michigan.
Douglas C. Giese is a Senior Attorney in the firm of Markoff Law LLC, in Chicago, where he focuses his practice on creditors’ rights litigation. Giese is a member of the Illinois Creditors Bar Association and serves as a Chairperson on the Board of Directors and the Technology Committee. He earned his B.S. from Northern Illinois University and his J.D. from IIT/Chicago-Kent College of Law.
Cindy M. Johnson is a Managing Member at Johnson Legal Group, LLC, in Chicago, where she focuses on creditors’ rights in bankruptcy and postjudgment enforcement. She is a member of the American Bankruptcy Institute, the National Association of Bankruptcy Trustees, the Illinois Creditors Bar Association, and the Commercial Banking, Collections, and Bankruptcy Section Council of the Illinois State Bar Association and was appointed to the panel of Chapter 7 bankruptcy trustees for the Northern District of Illinois in 2014. Ms. Johnson received her BA with honors from the University of Chicago and her JD from the Chicago-Kent College of Law.
Robert A. Kahn is a Partner at the firm of Sanford Kahn, LLP, in Chicago, where he concentrates his practice in landlord/tenant law. Kahn defends landlords in fair housing lawsuits, advises housing cooperatives, and gives lectures on landlord-tenant law, fair housing, and the Chicago Residential Landlord and Tenant Ordinance. He co-authored the current Bench Book, which is given to all of the eviction judges in Cook County. He earned his B.A. from Bradley University and his J.D. from IIT/Chicago-Kent College of Law.
Robert G. Markoff is a founding Partner and currently serves as Senior Counsel at Markoff Law LLC, in Chicago, and has practiced commercial and consumer collections, and judgment enforcement law for 48 years. Markoff has written or negotiated every legislative update to the Illinois Code of Civil Procedure in the area of judgment enforcement since 1996. He serves on the Illinois Supreme Court Access to Justice Commission’s Consumer Debt Committee and Small Claims Forms Subcommittee. He is also the Founding President of the Illinois Creditors’ Bar Association, a Past President of the National Creditors’ Bar Association, and a Past Chair of IICLE®. Markoff received his B.A. with high honors and distinction from the University of Illinois and his J.D. from DePaul University.
Steven A. Markoff is a Managing Partner at Markoff Law LLC, in Chicago, and concentrates his practice on the representation of creditors in commercial and consumer debt collection matters. Markoff is a Past President of the National Creditors Bar Association and a member of the Illinois State and Illinois Creditors Bar Associations. He earned his B.A. from the University of Wisconsin-Madison and his J.D. from IIT/Chicago Kent College of Law.
Bridget Maul is a Staff Attorney with the firm of Schiller, DuCanto & Fleck LLP, in Chicago, where she focuses her practice on creditors’ rights. Maul is a member of the Illinois Creditors Bar Association and a board member for the National Depression and Bipolar Support Alliance. She was selected as an Illinois Super Lawyers Rising Star from 2021 – 2023 and included in the Best Lawyers Ones to Watch list in 2021 and 2022. She earned her B.B.A. cum laude from Western Michigan University and her J.D. from IIT/Chicago-Kent College of Law.
Diana Perez is an Associate Attorney with the firm of Markoff Law LLC, in Chicago, where she concentrates her practice in creditors’ rights, collections, bankruptcy, and detinue/replevin. She is a member of the Illinois Creditors, Illinois State, and National Creditors Bar Associations. Perez earned her B.A. from Duke University and her J.D. from Loyola University School of Law.
Kevin E. Posen is the President of Teller Levit & Silvertrust, P.C., in Chicago, where he concentrates his practice on business litigation, commercial collection litigation, creditors’ rights, commercial landlord representation on breach of lease and eviction cases, and postjudgment collection. He is a member of the Commercial Law League of America, the Illinois Creditors Bar Association, and the International Association of Commercial Collectors. Posen earned his B.A. from Loyola University Chicago and his J.D. from John Marshall Law School of Chicago.
David M. Schultz is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on consumer financial services. He is a member of the American Bar Association, the Illinois State Bar Association, and the National Creditors Bar Association. Shultz received his B.S. from the University of Illinois and his J.D. from the University of Illinois Chicago School of Law.
Todd P. Stelter is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on defendants in consumer law, legal malpractice, and defense matters. He is a member of the Chicago Bar Association. Stelter earned both of his B.A.s from the University of Illinois at Urbana-Champaign and his J.D. from Loyola University Chicago Law School, where he was a member of the Loyola Law Journal.
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