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(810 ILCS 5/9-210) (Text of Section before amendment by P.A. 103-1036) Sec. 9-210. Request for accounting; request regarding list of collateral
or
statement of account. (a) Definitions. In this Section: (1) "Request" means a record of a type described in |
| paragraph (2), (3), or (4).
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(2) "Request for an accounting" means a record
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| authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
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(3) "Request regarding a list of collateral" means a
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| record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
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(4) "Request regarding a statement of account" means
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| a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
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(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and
(f), a secured party, other than a buyer of accounts, chattel paper, payment
intangibles, or promissory notes or a consignor, shall comply with a request within
14 days after receipt:
(1) in the case of a request for an accounting, by
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| authenticating and sending to the debtor an accounting; and
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(2) in the case of a request regarding a list of
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| collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
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(c) Request regarding list of collateral; statement concerning type of
collateral. A secured party that claims a security interest in all of a particular type
of collateral owned by the debtor may comply with a request regarding a list of
collateral by sending to the debtor an authenticated record including a statement to
that effect within 14 days after receipt.
(d) Request regarding list of collateral; no interest claimed. A person
that receives a request regarding a list of collateral, claims no interest in the
collateral when it receives the request, and claimed an interest in the collateral at an
earlier time shall comply with the request within 14 days after receipt by sending to
the debtor an authenticated record:
(1) disclaiming any interest in the collateral; and
(2) if known to the recipient, providing the name and
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| mailing address of any assignee of or successor to the recipient's interest in the collateral.
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(e) Request for accounting or regarding statement of account; no
interest in obligation claimed. A person that receives a request for an
accounting
or a request regarding a statement of account, claims no interest in the
obligations
when it receives the request, and claimed an interest in the obligations at an
earlier
time shall comply with the request within 14 days after receipt by sending to
the
debtor an authenticated record:
(1) disclaiming any interest in the obligations; and
(2) if known to the recipient, providing the name and
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| mailing address of any assignee of or successor to the recipient's interest in the obligations.
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(f) Charges for responses. A debtor is entitled without charge to one
response to a request under this Section during any six-month period. The
secured
party may require payment of a charge not exceeding $25 for each additional
response.
(Source: P.A. 91-893, eff. 7-1-01.)
(Text of Section after amendment by P.A. 103-1036)
Sec. 9-210. Request for accounting; request regarding list of collateral or statement of account.
(a) Definitions. In this Section:
(1) "Request" means a record of a type described in
|
| paragraph (2), (3), or (4).
|
|
(2) "Request for an accounting" means a record signed
|
| by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
|
|
(3) "Request regarding a list of collateral" means a
|
| record signed by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
|
|
(4) "Request regarding a statement of account" means
|
| a record signed by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
|
|
(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
(1) in the case of a request for an accounting, by
|
| signing and sending to the debtor an accounting; and
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|
(2) in the case of a request regarding a list of
|
| collateral or a request regarding a statement of account, by signing and sending to the debtor an approval or correction.
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(c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor a signed record including a statement to that effect within 14 days after receipt.
(d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record:
(1) disclaiming any interest in the collateral; and
(2) if known to the recipient, providing the name and
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| mailing address of any assignee of or successor to the recipient's interest in the collateral.
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(e) Request for accounting or regarding statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record:
(1) disclaiming any interest in the obligations; and
(2) if known to the recipient, providing the name and
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| mailing address of any assignee of or successor to the recipient's interest in the obligations.
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|
(f) Charges for responses. A debtor is entitled without charge to one response to a request under this Section during any six-month period. The secured party may require payment of a charge not exceeding $25 for each additional response.
(Source: P.A. 103-1036, eff. 1-1-25.)
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