Sec. 9.3. Validation of debts.

389 words·~2 min read·/il/chapter-205/act-740/9-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Within 5 days after the initial communication with a debtor in connection with the collection of any debt, a collection agency shall, unless the following information is contained in the initial communication or the debtor has paid the debt, send the debtor a written notice with each of the following disclosures:

(1)The amount of the debt.

(2)The name of the creditor to whom the debt is owed.

(3)That, unless the debtor, within 30 days after receipt of the notice, disputes the

validity of the debt, or any portion thereof, the debt will be assumed to be valid by the collection agency.

(4)That, if the debtor notifies the collection agency in writing within the 30-day

period that the debt, or any portion thereof, is disputed, the collection agency will obtain verification of the debt or a copy of a judgment against the debtor and a copy of the verification or judgment will be mailed to the debtor by the collection agency.

(5)That upon the debtor's written request within the 30-day period, the collection

agency will provide the debtor with the name and address of the original creditor, if different from the current creditor. If the disclosures required under this subsection

(a)are placed on the back of the notice, the front of the notice shall contain a statement notifying debtors of that fact.

(b)If the debtor notifies the collection agency in writing within the 30-day period set forth in paragraph

(3)of subsection

(a)of this Section that the debt, or any portion thereof, is disputed or that the debtor requests the name and address of the original creditor, the collection agency shall cease collection of the debt, or any disputed portion thereof, until the collection agency obtains verification of the debt or a copy of a judgment or the name and address of the original creditor and mails a copy of the verification or judgment or name and address of the original creditor to the debtor.

(c)The failure of a debtor to dispute the validity of a debt under this Section shall not be construed by any court as an admission of liability by the debtor.

(d)This Section applies to a collection agency or debt buyer only when engaged in the collection of consumer debt.