Section 1070.30  Installment Agreements

a)         An installment agreement shall not be accepted by the Department for purposes of IVC Section 7-208(b) unless the following conditions are met:

1)         The installment agreement includes the identity of the parties, date of the accident, location of the accident, how often the payments will be made, the total amount of payments, and to whom the payment will be made.

2)         The installment agreement is notarized or witnessed by one person.

3)         The acceptance portion of the installment agreement is signed by the interested party or his/her authorized representative.

b)         A notice of default on an installment agreement shall not be accepted by the Department for purposes of IVC Section 7-208(c) unless the following conditions are met:

1)         The installment agreement is on file with the Department.

2)         The notice of default is signed by the person who signed the acceptance portion of the installment agreement.

c)         A person who defaults on an installment agreement shall have his/her driver's license and registration or non-residents operating privileges suspended until the conditions in IVC Section 7-208 have been met.

d)         If a person's security requirement has not been terminated pursuant to IVC Section 7-210, he/she shall be eligible to file an affidavit for termination of suspension 2 years from the date of the original suspension or 2 years from the date of the default, whichever is later.  The affidavit for termination of suspension shall be a notarized affidavit from the suspended person stating to the best of his/her knowledge, he/she has not been or is not being sued.

e)         A file on an installment agreement following an accident shall be closed by the Department, if the following conditions are met:

1)         The agreed time and payment schedule have elapsed.

2)         The Department has not been notified of a default.

3)         The Department has sent a letter to all interested parties inquiring about the disposition of the agreement allowing the interested parties 2 weeks to reply.

4)         The installment agreement was accepted by the Department at least 4 years ago.

(Source:  Amended at 42 Ill. Reg. 16552, effective August 23, 2018)