(810 ILCS 5/9‑625)
Sec. 9‑625. Remedies for secured party's failure to comply with Article.
(a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this Article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this Article. Loss caused by a failure to comply with a request under Section 9‑210 may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer‑goods transaction. Except as otherwise provided in Section 9‑628:
(1) a person that, at the time of the failure, was a |
| debtor, was an obligor, or held a security interest in or other lien on the collateral may recover in an individual action damages under subsection (b) for its loss; and | |
(2) if the collateral is consumer goods, a person |
| that was a debtor or a secondary obligor at the time a secured party failed to comply with this Part may recover in an individual action for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time‑price differential plus 10 percent of the cash price. | |
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under Section 9‑626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under Section 9‑626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance.
(e) Statutory damages: noncompliance with specified provisions. In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover in an individual action $500 for each instance that a person:
(1) fails to comply with Section 9‑208;
(2) fails to comply with Section 9‑209;
(3) files a record that the person is not entitled |
| to file under Section 9‑509(a); or | |
(4) fails to cause the secured party of record to |
| file or send a termination statement as required by Section 9‑513(a) or (c). | |
(f) Statutory damages: noncompliance with Section 9‑210. A debtor or consumer obligor may recover damages under subsection (b) and, in addition, may in an individual action recover $500 in each case from a person that, without reasonable cause, fails to comply with a request under Section 9‑210. A recipient of a request under Section 9‑210 which never claimed an interest in the collateral or obligations that are the subject of a request under that Section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
(g) Limitation of security interest: noncompliance with Section 9‑210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Section 9‑210, the secured party may claim a security interest only as shown in the statement included in the request as against a person that is reasonably misled by the failure.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑626)
Sec. 9‑626. Action in which deficiency or surplus is in issue; applicable rules if amount of deficiency or surplus is in issue. In an action in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with |
| the provisions of this Part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. | |
(2) If the secured party's compliance is placed in |
| issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this Part. | |
(3) Except as otherwise provided in Section 9‑628, |
| if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of: | |
(A) the proceeds of the collection, enforcement, |
| disposition, or acceptance; or | |
(B) the amount of proceeds that would have been |
| realized had the noncomplying secured party proceeded in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance. | |
(4) For purposes of paragraph (3)(B), the amount of |
| proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum. | |
(5) If a deficiency or surplus is calculated under |
| Section 9‑615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. | |
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑627)
Sec. 9‑627. Determination of whether conduct was commercially reasonable.
(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at |
| the time of the disposition; or | |
(3) otherwise in conformity with reasonable |
| commercial practices among dealers in the type of property that was the subject of the disposition. | |
(c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of approval has no effect. Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑628)
Sec. 9‑628. Nonliability and limitation on liability of secured party; liability of secondary obligor.
(a) Limitation of liability to debtor or obligor. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
(1) the secured party is not liable to the person, |
| or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and | |
(2) the secured party's failure to comply with this |
| Article does not affect the liability of the person for a deficiency. | |
(b) Limitation of liability to debtor, obligor, another secured party, or lienholder. A secured party is not liable because of its status as secured party:
(1) to a person that is a debtor or obligor, unless |
| |
(A) that the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed |
| a financing statement against a person, unless the secured party knows: | |
(A) that the person is a debtor; and
(B) the identity of the person.
(c) Limitation of liability if reasonable belief that transaction not a consumer‑goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer‑goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:
(1) a debtor's representation concerning the purpose |
| for which collateral was to be used, acquired, or held; or | |
(2) an obligor's representation concerning the |
| purpose for which a secured obligation was incurred. | |
(d) Limitation of liability for statutory damages. A secured party is not liable to any person under Section 9‑625(c)(2) for its failure to comply with Section 9‑616.
(e) Limitation of multiple liability for statutory damages. A secured party is not liable under Section 9‑625(c)(2) more than once with respect to any one secured obligation.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑625)
Sec. 9‑625. Remedies for secured party's failure to comply with Article.
(a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this Article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this Article. Loss caused by a failure to comply with a request under Section 9‑210 may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer‑goods transaction. Except as otherwise provided in Section 9‑628:
(1) a person that, at the time of the failure, was a |
| debtor, was an obligor, or held a security interest in or other lien on the collateral may recover in an individual action damages under subsection (b) for its loss; and | |
(2) if the collateral is consumer goods, a person |
| that was a debtor or a secondary obligor at the time a secured party failed to comply with this Part may recover in an individual action for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time‑price differential plus 10 percent of the cash price. | |
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under Section 9‑626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under Section 9‑626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance.
(e) Statutory damages: noncompliance with specified provisions. In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover in an individual action $500 for each instance that a person:
(1) fails to comply with Section 9‑208;
(2) fails to comply with Section 9‑209;
(3) files a record that the person is not entitled |
| to file under Section 9‑509(a); or | |
(4) fails to cause the secured party of record to |
| file or send a termination statement as required by Section 9‑513(a) or (c). | |
(f) Statutory damages: noncompliance with Section 9‑210. A debtor or consumer obligor may recover damages under subsection (b) and, in addition, may in an individual action recover $500 in each case from a person that, without reasonable cause, fails to comply with a request under Section 9‑210. A recipient of a request under Section 9‑210 which never claimed an interest in the collateral or obligations that are the subject of a request under that Section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
(g) Limitation of security interest: noncompliance with Section 9‑210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Section 9‑210, the secured party may claim a security interest only as shown in the statement included in the request as against a person that is reasonably misled by the failure.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑626)
Sec. 9‑626. Action in which deficiency or surplus is in issue; applicable rules if amount of deficiency or surplus is in issue. In an action in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with |
| the provisions of this Part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. | |
(2) If the secured party's compliance is placed in |
| issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this Part. | |
(3) Except as otherwise provided in Section 9‑628, |
| if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of: | |
(A) the proceeds of the collection, enforcement, |
| disposition, or acceptance; or | |
(B) the amount of proceeds that would have been |
| realized had the noncomplying secured party proceeded in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance. | |
(4) For purposes of paragraph (3)(B), the amount of |
| proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum. | |
(5) If a deficiency or surplus is calculated under |
| Section 9‑615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. | |
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑627)
Sec. 9‑627. Determination of whether conduct was commercially reasonable.
(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at |
| the time of the disposition; or | |
(3) otherwise in conformity with reasonable |
| commercial practices among dealers in the type of property that was the subject of the disposition. | |
(c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of approval has no effect. Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/9‑628)
Sec. 9‑628. Nonliability and limitation on liability of secured party; liability of secondary obligor.
(a) Limitation of liability to debtor or obligor. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
(1) the secured party is not liable to the person, |
| or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and | |
(2) the secured party's failure to comply with this |
| Article does not affect the liability of the person for a deficiency. | |
(b) Limitation of liability to debtor, obligor, another secured party, or lienholder. A secured party is not liable because of its status as secured party:
(1) to a person that is a debtor or obligor, unless |
| |
(A) that the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed |
| a financing statement against a person, unless the secured party knows: | |
(A) that the person is a debtor; and
(B) the identity of the person.
(c) Limitation of liability if reasonable belief that transaction not a consumer‑goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer‑goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:
(1) a debtor's representation concerning the purpose |
| for which collateral was to be used, acquired, or held; or | |
(2) an obligor's representation concerning the |
| purpose for which a secured obligation was incurred. | |
(d) Limitation of liability for statutory damages. A secured party is not liable to any person under Section 9‑625(c)(2) for its failure to comply with Section 9‑616.
(e) Limitation of multiple liability for statutory damages. A secured party is not liable under Section 9‑625(c)(2) more than once with respect to any one secured obligation.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
