Answer to Debt Collection Lawsuit (with FDCPA Affirmative Defenses) - Illinois

IN THE CIRCUIT COURT OF THE [____________] JUDICIAL CIRCUIT

[____________] COUNTY, ILLINOIS

Case No. [____________]

DEFENDANT'S ANSWER AND FACT-SPECIFIC AFFIRMATIVE DEFENSES

1. FILING GATE

A. Read the summons and orders

Amount demanded, excluding interest and costs: $[____________]

Case designation on the summons: [SMALL CLAIM / LAW / MUNICIPAL / OTHER]

Appearance or response date stated on summons: [DATE]

Written-answer order, local rule, or notice: [CITATION / DATE / NONE]

☐ Small claim: The action is based on tort or contract and seeks no more than $10,000, excluding interest and costs. Under Rules 101 and 286(a), do not file this answer unless the summons, notice, local rule, or court order requires it. Appear as directed.

☐ Other 30-day summons: Rule 101(d) applies, and the summons requires an answer or appearance within 30 days after service, excluding the day of service.

☐ Different route: [IDENTIFY THE CONTROLLING SUMMONS, STATUTE, RULE, OR ORDER]

B. Preserve threshold objections before filing

☐ Personal jurisdiction, process, and service have been reviewed under 735 ILCS 5/2-301.

☐ No motion to dismiss or quash under Section 2-301 will be filed.

☐ A Section 2-301 motion was filed on [DATE] and resolved on [DATE / PENDING].

C. Rule 137 review

☐ Every denial and defense below has been investigated.

☐ Every selected defense states supporting facts, not only a label.

☐ Unsupported, inconsistent, or inapplicable options have been deleted.

2. PARTIES AND CLAIM SNAPSHOT

Defendant, [NAME], answers the complaint of [PLAINTIFF] as follows.

3. RESPONSES TO EACH ALLEGATION

Paragraph [1]

Allegation summarized or quoted: [TEXT]

☐ Admitted.

☐ Denied. The facts supporting the denial are: [FACTS]

☐ Defendant lacks knowledge sufficient to form a belief and therefore denies the allegation. The required affidavit is attached.

Paragraph [2]

Allegation summarized or quoted: [TEXT]

☐ Admitted.

☐ Denied. The facts supporting the denial are: [FACTS]

☐ Defendant lacks knowledge sufficient to form a belief and therefore denies the allegation. The required affidavit is attached.

Paragraph [3]

Allegation summarized or quoted: [TEXT]

☐ Admitted.

☐ Denied. The facts supporting the denial are: [FACTS]

☐ Defendant lacks knowledge sufficient to form a belief and therefore denies the allegation. The required affidavit is attached.

Paragraph [____]

Allegation summarized or quoted: [TEXT]

☐ Admitted.

☐ Denied. The facts supporting the denial are: [FACTS]

☐ Defendant lacks knowledge sufficient to form a belief and therefore denies the allegation. The required affidavit is attached.

4. WRITTEN-INSTRUMENT AND DEBT-BUYER CHECK

A. Complaint materials

☐ The claim is founded on a written instrument, and the relevant instrument is attached or recited as required by 735 ILCS 5/2-606.

☐ The complaint includes an affidavit explaining why the written instrument is inaccessible.

☐ Neither is present. The specific omission is: [FACTS]

B. Rule 280 applicability and compliance

☐ The complaint contains a credit-card claim.

☐ The complaint is a debt buyer's action to collect consumer debt.

☐ Neither; Rules 280 through 280.5 do not apply on the present facts.

For a covered action, identify:

☐ Defendant requests the relief authorized by current Rule 280.4 for proven noncompliance.

C. Execution or assignment denial

☐ Defendant admits executing the identified instrument.

☐ Defendant denies executing the identified instrument and attaches a verification complying with 735 ILCS 5/2-605(b).

☐ Defendant admits the identified assignment.

☐ Defendant, who is not the alleged assignor, denies the identified assignment on information and belief and attaches a verification complying with 735 ILCS 5/2-605(b).

5. DISPUTED ELEMENTS AND PROOF ISSUES

Defendant specifically disputes the following allegation or proof issue:

☐ Formation, acceptance, or enforceable terms: [FACTS]

☐ Plaintiff's ownership of Defendant's account: [FACTS AND MISSING LINK]

☐ Account identification or attribution to Defendant: [FACTS]

☐ Principal, interest, fee, credit, or payment calculation: [FACTS AND AMOUNT]

☐ Occurrence or date of default: [FACTS]

☐ Satisfaction of a condition precedent alleged by Plaintiff: [FACTS]

☐ Other disputed element: [ELEMENT AND FACTS]

6. AFFIRMATIVE DEFENSES

Without shifting any burden not imposed by law, Defendant states only the following fact-supported defenses.

Defense 1 — Limitations

☐ Selected.

Claim classification: [WRITTEN CONTRACT / UNWRITTEN CONTRACT / SALE OF GOODS / OTHER]

Controlling limitations authority: [CURRENT CITATION]

Accrual date and supporting facts: [DATE AND FACTS]

Tolling, revival, payment, promise, or other timing issue: [FACTS / NONE]

Why the filing date is untimely: [CALCULATION]

Defense 2 — Payment, release, satisfaction, settlement, or discharge

☐ Selected ground: [GROUND]

Supporting dates, amounts, documents, and persons: [FACTS]

Defense 3 — Identity theft or mistaken identity

☐ Defendant did not incur or authorize the consumer debt because: [FACTS]

☐ Rule 280.5 applies. The Attorney General Identity Theft Affidavit was served on [DATE].

☐ The Supreme Court Identity Theft Affidavit for a credit-card or debt-buyer action was served and filed on [DATE].

Defense 4 — Other affirmative matter

Legal ground and current authority: [GROUND AND CITATION]

Facts supporting every element: [FACTS]

How those facts avoid or defeat the claim: [EXPLANATION]

7. FDCPA ISSUE SCREEN

☐ A communication before the formal pleading is at issue: [DATE, SENDER, RECIPIENT, CONTENT]

☐ Defendant sent a written dispute or original-creditor request during the applicable validation period on [DATE].

☐ Collection activity continued before the verification, judgment copy, or original-creditor information required by Section 1692g(b) was mailed: [FACTS]

☐ Counsel determined that the relevant actor, debt, consumer, and conduct fall within the FDCPA: [ANALYSIS]

☐ Any FDCPA counterclaim is stated in a separate, complete counterclaim complying with the applicable pleading and jurisdiction rules.

☐ No FDCPA claim or defense is asserted in this answer.

8. REQUEST FOR RELIEF

Defendant requests that the Court:

1. deny relief on allegations Plaintiff does not prove;
2. enter judgment for Defendant on each established defense;
3. grant any relief properly requested under Rule 280.4;
4. award only costs or other relief authorized by controlling law; and
5. grant other proper relief supported by the pleadings and record.

9. JURY DEMAND

☐ Regular civil route: Defendant demands a jury and files this demand no later than the answer under 735 ILCS 5/2-1105(a).

☐ Small-claims route: Defendant demands a jury no later than the required appearance date under Rule 285 and selects ☐ 6 jurors / ☐ 12 jurors, subject to the current fee requirement.

☐ Defendant does not demand a jury.

10. SIGNATURE

Respectfully submitted,

[DEFENDANT NAME]

By: /s/ [NAME]

☐ Defendant, self-represented

☐ Attorney for Defendant, ARDC No. [NUMBER]

Address: [ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]

Date: [DATE]

11. AFFIDAVIT OR VERIFICATION ATTACHMENT

I, [NAME], state under oath:

1. I am the Defendant and have personal knowledge of the facts stated here, except matters expressly stated on information and belief.
2. After reasonable inquiry, I lack knowledge sufficient to form a belief about Complaint paragraphs [NUMBERS], and the lack-of-knowledge statements in the Answer are true.
3. I deny that I executed the written instrument identified as [DOCUMENT] because [FACTS].
4. I am not the person alleged to have made the assignment identified as [DOCUMENT]. On information and belief, I deny that assignment because [FACTS].

Further affiant sayeth not.

Signature: [____________________________]

Date: [DATE]

Subscribed and sworn before me on [DATE].

Notary or authorized officer: [____________________________]

12. CERTIFICATE OF SERVICE

I certify that on [DATE], I served this Answer and every attachment on each required recipient using [METHOD AUTHORIZED BY CURRENT RULE, ORDER, OR E-FILING SYSTEM].

Signature: [____________________________]

Sources and References

• Illinois General Assembly, Code of Civil Procedure, Part 3: https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=CIVIL%20PROCEDURE&ActName=Code%20of%20Civil%20Procedure.&ActID=2017&ChapterID=56&ChapAct=735+ILCS+5%2F&SeqStart=4100000&SeqEnd=4300000&Print=True
• Illinois General Assembly, Code of Civil Procedure, Part 6: https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Code%20of%20Civil%20Procedure.&ActID=2017&ChapterID=56&ChapAct=735+ILCS+5%2F&SeqStart=6400000&SeqEnd=9100000&Print=True
• Illinois General Assembly, Code of Civil Procedure, Part 11: https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Code%20of%20Civil%20Procedure.&ActID=2017&ChapterID=56&ChapAct=735+ILCS+5%2F&SeqStart=12700000&SeqEnd=15200000&Print=True
• Illinois Courts, current Supreme Court Rules: https://www.illinoiscourts.gov/rules-law/supreme-court-rules/
• Office of the Law Revision Counsel, 15 U.S.C. § 1692g: https://uscode.house.gov/view.xhtml?req=(title:15%20section:1692g%20edition:prelim)