Stay at Home and Business Interruption
Illinois is under a “Stay-at-Home” order. Further information is available here. Executive Order 2020-10 also requires non-essential businesses “to cease all activities within the State except Minimum Basic Operations.” Please refer to the Executive Order for more information.
Illinois courts have been directed to continue all “non-essential” proceedings or have them conducted remotely by telephone, video or “other electronic means.” A copy of the order is available here. Certain deadlines for appeal have been extended. Further information concerning court orders is available here. The Circuit Court of Cook County has limited public access. Information from this court is available here.
Debt Collection Guidance – Requirements for Working Remotely
On March 30 the Illinois Department of Financial and Professional Regulation advised licensed debt collection agencies and debt buyers:
- “[D]ebt collection agencies seeking to work at a location other than their address of record, including remotely, are hereby directed to provide the Department notice within 14 days of any address changes pursuant to 225 ILCS 425/2.5(2).”
- Encouraging ” debt collection agencies and debt buyers to work with consumers to modify payment schedules or suspend all collection activity for a period of no less than 60 days.”
- Reminding “debt collection agencies and debt buyers of their duties to comply with applicable law, including but not limited to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Servicemembers Civil Relief Act, applicable privacy laws, and all other applicable state and federal statutes.”
- Reminding “licensees to adhere strictly to the requirements of Section 805(a)(1) of the FDCPA and Section 9(a)(19)(A) of the Collection Agency Act, which prohibit communications at times and places that should be known to be inconvenient to the debtor. In light of the economic stress caused by the COVID-19 crisis, the Department will closely monitor adherence to these provisions.”
- Reminding “debt collection agencies and debt buyers with respect to their accuracy duties under FCRA and encourages them to use disaster codes along with any other deferment or forbearance codes for any consumer who is unable to repay their debt to mitigate the credit reporting impact of the crisis.”
Suspension of Garnishment & Wage Deduction Summonses
On April 14, 2020, the Governor Pritzker issued COVID-19 Executive Order No. 23 stating: “During the duration of the Gubernatorial Disaster Proclamations, Sections 5/12-705, 5/12-805, and 5/2-1402 of the Illinois Code of Civil Procedure, 735 ILCS 5/12-705, 735 ILCS 5/12-805, and 735 ILCS 5/2-1402, that permit the service of a garnishment summons, wage deduction summons, or a citation to discover assets on a consumer debtor or consumer garnishee, are suspended.”