Sued in Illinois? You may have only 30 days to answer

Which court hears debt cases in Illinois

How to answer in Illinois

How to answer

File an Appearance and an Answer/Response with the circuit clerk, usually by e-filing (Odyssey eFileIL). If you cannot e-file, you can ask for an exemption and file in person or by mail. Send a copy to the plaintiff's lawyer. Affirmative defenses and counterclaims go on separate statewide forms filed with your Answer.

Official answer form

Appearance; Answer or Response (statewide forms, approved 09/2025), with Affirmative Defenses and Counterclaims forms

Fee to answer

Generally there is no fee to file an Answer and Affirmative Defenses, but you must pay the county's appearance fee if you have not already paid it. Counterclaims have an extra fee.

If you can't pay the fees

Application for Waiver of Court Fees: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil

Law: statewide form, Ill. S. Ct. R. 298

How you must be served

The summons and complaint are placed with the sheriff or another person authorized to serve process, who delivers them to you. A summons with a 30-day deadline must be served within 30 days of its date; a summons with a court date for a money claim must be served at least 21 days before that date. The 30-day period runs from the day the papers are left with you.

Law: Ill. S. Ct. R. 102(a)-(b); R. 181(a)

Law: Ill. S. Ct. R. 101(a), (b)(1), (d); R. 181(a), (b)(1); R. 286

Defenses to know in Illinois

Defenses in Illinois law

The statewide Affirmative Defenses form lists examples such as the plaintiff waiting longer than the law allows to sue, and the claim already being decided in an earlier case. The limit for written contracts is 10 years and for unwritten contracts 5 years. In credit card and debt buyer cases, missing paperwork under Rule 280.2 blocks a default judgment.

Law: 735 ILCS 5/2-613; 735 ILCS 5/13-206, 13-205; Rule 280.4

Debt buyer lawsuits

In any case based on a credit card or brought by a debt buyer on a consumer debt, the complaint must: print the name of the signer; attach a Credit Card or Debt Buyer Collection Affidavit signed by the plaintiff or its agent (not its lawyer); attach the written contract or, if there is none, a document sent to you while the account was active (for a credit card, a charge-off statement is enough); and state that the suit was filed within the statute of limitations. Debt buyer lawsuits in Illinois: the full rules

Time limit to sue (written contract)

10 years · More on old debts at Debt Collector Map

If there is a judgment in Illinois

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

9% a year for most judgments. A consumer debt judgment of $25,000 or less entered on or after January 1, 2020 earns 5% a year. You can stop interest from growing by paying (tendering) the judgment, costs and interest owed to that date.

How long it lasts

A creditor can enforce a judgment for 7 years after it is entered; after that it must be revived (renewed) in court, and it can be revived up to 20 years after entry. Consumer debt judgments have shorter limits: one entered from January 1, 2020 through December 31, 2025 can be revived only by a petition filed no later than 10 years after it was entered; one entered on or after January 1, 2026 cannot be revived but can be enforced for 15 years after entry. Consumer debt judgments entered before 2020 follow the general 20-year rule.

Law: 735 ILCS 5/2-1303(a), (b); 735 ILCS 5/12-108(a); 735 ILCS 5/2-1602(a), (a-10) (as amended by P.A. 104-120, eff. Jan. 1, 2026)

Good to know in Illinois

• Every Illinois civil summons must tell you, in English and Spanish, that you can call or text Illinois Court Help at 833-411-1121 (Ill. S. Ct. R. 101(a)).
• In credit card and debt buyer cases, the plaintiff's own lawyer may not sign the required affidavit about the debt (Ill. S. Ct. R. 280.2(e)).
• You can claim your wildcard exemption again and again while a judgment is being enforced; starting July 1, 2027 a court rule says so expressly (Ill. S. Ct. R. 278(f), adopted Oct. 16, 2026).

Changes in 2024–2026

On October 16, 2026 the Illinois Supreme Court adopted new Rule 277 (citations to discover assets, effective January 1, 2027) and new Rule 278 (claims to exempt income or assets, effective July 1, 2027). Rule 278 lets you claim exemptions at the court date without a written motion, or earlier by an expedited motion that is granted unless the creditor objects within 5 business days. Rule 286 (small claims appearance and trial) was also amended, effective January 1, 2027: you must attend on the summons date, but the case no longer has to be tried that day. The statewide Answer/Response forms were revised in September 2025. The homestead exemption rose to $50,000 and the bank-account automatic exemption was amended effective January 1, 2026 (P.A. 104-120). P.A. 104-120 (effective January 1, 2026) also changed how long consumer debt judgments last: those entered from 2020 through 2025 can be revived only within 10 years, and those entered from 2026 on cannot be revived but can be enforced for 15 years.

Law: 735 ILCS 5/2-1602(a-10)

Federal rules in every state

• Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
• Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
• Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
• Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
• Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in Illinois

More help on our sister sites

• Illinois debt collector rules and the statute of limitations (Debt Collector Map)
• Illinois small claims court (Small Claims Map)

Sources

Other states