Sec. 26.5. Relief concerning a retail installment contract default for military personnel in military service.

447 words·~2 min read·/il/chapter-815/act-405/26-5

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

(a)In this Section:

"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

(b)With respect to any act taken by a holder pursuant to Section 26, a buyer who is a service member that has entered military service, if the buyer entered into the retail installment contract before the buyer entered military service and on or after the effective date of this amendatory Act of the 97th General Assembly, may file a petition for relief, and the court shall do one or more of the following if the buyer's ability to pay the agreed retail installment contract payments is materially affected by the buyer's military service:

(1)stay any repossession of goods subject to the retail installment contract for a

period of 90 days after the buyer returns from military service, unless, in the opinion of the court, justice and equity require a longer or shorter period of time;

(2)adjust the obligation under the retail installment contract by reducing the monthly

payments and extending the term of the contract, provided that the adjustment preserves the interest of all parties to the contract; or

(3)stay the repossession of the goods or collateral subject to the retail installment

contract or stay the disposition of repossessed goods or collateral subject to the retail installment contract.

(c)In order to be eligible for the benefits granted to a service member under this Section, a service member must provide the court and the holder with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service.

(d)If a stay is granted under this Section, the court may grant the holder such relief as equity may require.

(e)In addition to any sanction available to the court for violation of a stay or order, a violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.