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 AFFIRMATIVE DEFENSES

Filed Pursuant to 735 ILCS 5/2-602, 2-610, and 2-613

COMES NOW the Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], and for Defendant's Answer to the Complaint filed by Plaintiff, [____________] ("Plaintiff"), states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the time prescribed by the summons and 735 ILCS 5/2-602 (generally thirty (30) days after service). Defendant reserves all rights, defenses, and objections available under the Illinois Code of Civil Procedure, including a motion to dismiss under 735 ILCS 5/2-615 or 5/2-619.

2. By filing this Answer, Defendant does not admit that Plaintiff has stated a claim upon which relief may be granted, that Plaintiff owns or has standing to sue upon the alleged debt, that this Court has personal jurisdiction over Defendant, or that venue is proper. Defendant preserves any objection to personal jurisdiction consistent with 735 ILCS 5/2-301.

3. Defendant does not have possession of the underlying account documents and demands that Plaintiff produce strict legal proof of each element of its claim, including the existence, ownership, amount, and enforceability of the alleged debt.

II. RESPONSES TO THE NUMBERED ALLEGATIONS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it (735 ILCS 5/2-610(b)).

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

10. Pursuant to 735 ILCS 5/2-610, Defendant denies each and every allegation of the Complaint not expressly admitted above and demands strict proof thereof.

III. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not imposed on Defendant by law, and expressly reserving the right to amend or supplement under 735 ILCS 5/2-616 as discovery proceeds, Defendant asserts the following affirmative defenses under 735 ILCS 5/2-613(d). Defendant should select only those defenses supported by the facts; unsupported pleadings may be subject to Ill. S. Ct. R. 137.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Illinois law, an action on a written contract must be commenced within ten (10) years (735 ILCS 5/13-206); an action on an oral contract or open account must be commenced within five (5) years (735 ILCS 5/13-205). Illinois appellate authority has treated credit-card debt as subject to the five-year period for unwritten/open accounts. See Portfolio Acquisitions, LLC v. Feltman, 391 Ill. App. 3d 642 (2009). (An action for breach of a UCC contract for the sale of goods is four years under 810 ILCS 5/2-725.) The alleged debt accrued more than the limitations period before this action was filed, and the claim is time-barred.

☐ Second Defense — Lack of Standing; Failure to Prove Ownership and Chain of Assignment. Plaintiff is not the original creditor and has failed to plead or prove that it owns the alleged debt. Plaintiff must establish a complete, unbroken chain of assignment from the original creditor to Plaintiff, including each bill of sale and assignment document specifically identifying Defendant's account. For an entity suing on an assigned debt, the Illinois Collection Agency Act requires that the assignment be "manifested by a written agreement" stating the effective date and the consideration paid (225 ILCS 425/8b). Absent such proof, Plaintiff is not the real party in interest and lacks standing.

☐ Third Defense — Failure to State a Claim. The Complaint fails to state a cause of action upon which relief can be granted and is subject to dismissal under 735 ILCS 5/2-615.

☐ Fourth Defense — FDCPA Violations; Failure to Validate. Plaintiff and/or its predecessors are "debt collectors" subject to the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and failed to provide the validation notice and verification required by 15 U.S.C. § 1692g and/or engaged in false, deceptive, abusive, or unfair collection practices in violation of 15 U.S.C. §§ 1692d, 1692e, and 1692f, including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed Under the Illinois Collection Agency Act (225 ILCS 425). The Illinois Collection Agency Act prohibits any collection agency from operating in Illinois or directly or indirectly engaging in the business of collecting without first being licensed (225 ILCS 425/4). A "debt buyer" — a person engaged in the business of purchasing delinquent or charged-off consumer debt for collection purposes — is a collection agency subject to the Act and its licensing requirement. To the extent Plaintiff was required to be licensed and was not licensed when it filed suit, that failure violates the Act. [verify Plaintiff's licensure with the Illinois Department of Financial and Professional Regulation (IDFPR) before relying on this defense.]

☐ Sixth Defense — Failure to Comply with Assignment Documentation Requirements (225 ILCS 425/8b). To the extent Plaintiff sues as an assignee of the original creditor, Plaintiff has failed to file the contemporaneous documentation of the assignment (effective date and consideration paid) required by 225 ILCS 425/8b. [note: debt buyers may be exempt from certain § 8b documentation requirements under the Act as amended; verify the current exemption before relying on this defense.]

☐ Seventh Defense — Payment, Accord and Satisfaction, Discharge. The alleged debt has been paid, satisfied, settled, released, discharged (including by discharge in bankruptcy), or otherwise extinguished, in whole or in part.

☐ Eighth Defense — No Account Stated; No Agreement to the Balance. Defendant never received, reviewed, or assented to the balance alleged, and never agreed that the stated sum was a true and correct statement of the account. The elements of an account stated are not satisfied.

☐ Ninth Defense — Statute of Frauds. To the extent Plaintiff relies on an agreement required to be in writing, the claim is barred by the Statute of Frauds, 740 ILCS 80/1 et seq.

☐ Tenth Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges that were not authorized by any agreement, are unconscionable, or are usurious. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Eleventh Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. Defendant preserves this objection under 735 ILCS 5/2-301.

☐ Twelfth Defense — Failure to Mitigate. Plaintiff and/or its predecessors failed to take reasonable steps to mitigate the damages alleged.

☐ Thirteenth Defense — Hearsay; Lack of Foundation for Account Records. Plaintiff's account records, affidavits, and computer printouts are inadmissible hearsay and lack the foundation required for the business-records exception (Ill. R. Evid. 803(6); Ill. S. Ct. R. 236). Plaintiff cannot establish the records through a witness with personal knowledge of the original creditor's record-keeping practices, and "robo-signed" affidavits are insufficient.

☐ Fourteenth Defense — Reservation of Right to Amend. Defendant reserves the right to assert additional affirmative defenses, counterclaims, cross-claims, or third-party claims that become known through investigation or discovery, consistent with 735 ILCS 5/2-616.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

11. Defendant demands that, before judgment, Plaintiff produce admissible evidence of each of the following:

a. The signed account agreement, cardholder agreement, or contract under which the alleged debt arose, together with all amendments and change-of-terms notices;

b. A complete set of monthly account statements from inception through charge-off, evidencing the transactions, charges, payments, interest, and fees that make up the balance claimed;

c. An itemization of the principal, interest, fees, and other charges comprising the amount demanded, with the contractual or statutory authority for each charge;

d. The complete chain of title to the alleged debt — every bill of sale, assignment, and account-transfer document from the original creditor through each intermediate owner to Plaintiff (including the written assignment documentation contemplated by 225 ILCS 425/8b) — together with the specific account-level data showing Defendant's account was among those transferred; and

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt, and that Plaintiff is licensed under the Illinois Collection Agency Act (225 ILCS 425).

V. NOTICE OF POTENTIAL FDCPA COUNTERCLAIM

12. Defendant gives notice that the facts of this matter may give rise to a counterclaim against Plaintiff and/or its predecessors under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., including but not limited to claims for actual damages, statutory damages up to $1,000, and attorney's fees and costs under 15 U.S.C. § 1692k, for conduct such as filing suit on a time-barred or unverified debt, filing suit while unlicensed under 225 ILCS 425, failing to provide § 1692g validation, or using false, deceptive, or unfair means to collect.

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the FDCPA counterclaim set forth in the attached/following pleading.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice and order that Plaintiff take nothing;

B. Enter judgment in favor of Defendant on all claims;

C. Award Defendant the costs of this action and, to the extent permitted by law or contract, reasonable attorney's fees;

D. Grant Defendant any counterclaim relief asserted herein; and

E. Grant such other and further relief as the Court deems just and proper.

VII. JURY DEMAND

☐ Yes — Defendant demands trial by jury on all issues so triable, and files this demand contemporaneously with the answer pursuant to 735 ILCS 5/2-1105.

☐ No — Defendant does not demand a jury trial at this time.

VIII. SIGNATURE

Respectfully submitted this [____] day of [____________], 20[____].

/s/ [____________________________________]
[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
ARDC No. (if attorney): [____________]
[Street Address]
[City], Illinois [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

IX. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], I served a true and correct copy of the foregoing Defendant's Answer and Affirmative Defenses upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in accordance with Ill. S. Ct. R. 11 and 12, by the following method:

☐ Illinois e-filing system (Odyssey eFileIL) (notice to all registered service contacts)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (per Ill. S. Ct. R. 11)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

ILLINOIS PRACTICE NOTES

• Answer deadline: In a regular civil action, the answer is due within the time stated in the summons, generally 30 days after service (735 ILCS 5/2-602; Ill. S. Ct. R. 101). In a small claims case (≤ $10,000), the defendant appears on the return date and ordinarily files no written answer unless the court orders one (Ill. S. Ct. R. 286). Read the summons and calendar the deadline.
• Courts: All civil cases are filed in the Circuit Court; consumer debt cases are frequently on the small-claims track. Verify the county/circuit and case track named in the summons.
• Statute of limitations on debt: written contract — 10 years (735 ILCS 5/13-206); oral contract / open account — 5 years (735 ILCS 5/13-205); UCC sale of goods — 4 years (810 ILCS 5/2-725). Credit-card debt has been treated as a 5-year unwritten/open-account claim. Portfolio Acquisitions, LLC v. Feltman, 391 Ill. App. 3d 642 (2009). A partial payment or written promise can restart the period. Confirm characterization.
• Licensing: The Illinois Collection Agency Act (225 ILCS 425) requires collection agencies — including debt buyers — to be licensed by IDFPR (225 ILCS 425/4). HOWEVER, LVNV Funding, LLC v. Trice, 2015 IL 116129, held that an unregistered agency's failure to register does NOT defeat subject-matter jurisdiction or void a judgment; raise the licensing defect pre-judgment and as evidence of an FDCPA violation, not as an after-the-fact basis to void a judgment. SB 2457 (eff. Jan. 1, 2026) revised the Act's definitions/exemptions and removed its sunset repeal. Verify current text and Plaintiff's licensure.
• Assignment documentation: A collection agency suing as assignee must document the assignment (effective date and consideration) under 225 ILCS 425/8b; debt buyers may be exempt from certain § 8b requirements under the amended Act — verify.
• FDCPA / UDAP interplay: Assert FDCPA claims under federal law (15 U.S.C. § 1692 et seq.). The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) provides a parallel state remedy applicable to abusive collection conduct.
• Jury demand: A defendant's jury demand must be filed not later than the answer (735 ILCS 5/2-1105).
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under 735 ILCS 5/2-608.

Sources and References

• Illinois Code of Civil Procedure (Article II — Pleadings): https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II&ActID=2017
• 735 ILCS 5/13-206 (10-year written contract) & 5/13-205 (5-year oral/open account): https://www.illinoislegalaid.org/legal-information/selected-statutes-limitations
• Portfolio Acquisitions, LLC v. Feltman, 391 Ill. App. 3d 642 (2009) (credit-card debt = 5 years)
• 225 ILCS 425 (Illinois Collection Agency Act; debt-buyer definition): https://law.justia.com/codes/illinois/chapter-225/act-225-ilcs-425/
• LVNV Funding, LLC v. Trice, 2015 IL 116129 (unlicensed agency; not void): https://law.justia.com/cases/illinois/supreme-court/2015/113817-0.html
• SB 2457 (2025) — Collection Agency Act amendments effective Jan. 1, 2026: https://www.mayerbrown.com/en/insights/publications/2026/01/illinois-revamps-the-scope-of-its-collection-agency-licensing-law
• IDFPR — collection agency licensing: https://idfpr.illinois.gov/
• Illinois e-filing (Odyssey eFileIL): https://efile.illinoiscourts.gov/
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• CFPB — debt that is several years old / time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/