If a debt buyer sues you in Illinois, they must include a special form called a Rule 280.2 Affidavit. This form explains why you’re being sued and includes details about the debt.
How to find the Rule 280.2 Affidavit
The Rule 280.2 Affidavit should be included with your Summons and Complaint.
Look for a form titled Credit Card or Debt Buyer Collection Action Affidavit (Supreme Court Rule 280.2).
At the top of the form, you'll see the names of the people or companies involved.
🔎 Can't find the Rule 280.2 Affidavit? Call the court clerk and ask for a copy.
Why this form matters
The Rule 280.2 Affidavit is an important paper in your case. It has details about the debt, such as:
- Account information to help show the debt is really yours,
- How much money is owed, including any extra fees or interest added after the debt was charged off,
- How the debt changed hands from the original creditor to debt buyers, and
- The date of your last payment, to check if the case was filed on time.
💡 Why this matters. If the form is missing or has incorrect information, you can tell the court at your first court hearing.
Debt information
The first chart should look like this:
The section lists basic facts about the debt:
- Name of the original creditor (the first company you owed),
- Last few digits of the account number,
- When the account was opened, and
- Type of debt.
💡 Why this matters.This helps you confirm whether the debt is actually yours.
Most recent account activity
The next chart may be located in section 1(c). It looks like this:
This section shows the most recent activity for the account:
- Balance when the debt was charged off,
- Date of the charge-off,
- Last payment date and amount, and
- Any payments made after the charge-off.
💡 Why this is matters.
- This helps you check whether the amount is correct.
- This shows whether the lawsuit was filed in time (statute of limitations). For many common debts, like medical and credit card debt, the debt collector usually has to sue within 5 years of your last payment.
Who owns the debt now
The next chart is located in section 2 and shows how the debt changed hands.
This section shows how the debt was sold, including:
- Name of the company that bought the debt, and
- Date the debt was sold.
💡 Why this matters. Debt buyers must prove they legally own the debt, including papers proving each time the debt was transferred. This section shows you each transfer the debt buyer must prove.
Extra charges and fees
Section 3 lists any additional costs or fees that the debt collector is trying to recover.
This section breaks down any additional amount that the debt collector wants to be included in a judgment.
💡 Why this matters. This helps you understand how the collector came up with the total amount they’re asking for in court.