(205 ILCS 740/8a-1) (was 225 ILCS 425/8a-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8a-1.
(a) No account may be referred
by a collection agency to an
attorney unless, prior to placing an account with an attorney
for further collection action, each account creditor is notified in writing by
the collection agency of the collection agency's intent to refer the
account to an attorney.
The account may not be referred to an attorney if a creditor notifies the
collection agency within 5 days after receiving the notice that the creditor
is withholding authorization for the account to be referred to an attorney.
The notice requirement under this
subsection may, in the alternative, be satisfied if the creditor signs the
complaint that will be filed in the circuit court seeking judgment on the
debt owed. A collection agency shall not take any action that in fact
or in appearance interferes with the professional relationship between the
attorney and the creditor.
(b) Court costs expended by the agency or the creditor for filing a
complaint are recoverable by the agency or the creditor if the principal
on the debt is
paid before the judgment is issued.
(Source: P.A. 89-387, eff. 1-1-96.)
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