Rule 280.5.Identity Theft Relating to Credit Card or Debt Buyer Collection Actions.

Article II. Rules on Civil Proceedings in the Trial Court · Part I. Credit Card or Debt Buyer Collection Actions · Last amended 2018 · Last verified July 20, 2026

In one sentenceRule 280.5 gives a defendant who claims identity theft a way to force dismissal of a credit-card or debt-buyer suit unless the plaintiff proves within 90 days that the defendant owes the debt and isn’t a victim.

Full Text of Ill. S. Ct. R. 280.5

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(a) A defendant in a credit card or debt buyer collection action who asserts that he or she is a victim of identity theft with respect to the consumer debt that is the subject of the action, must serve the following on the plaintiff:

(1) An Identity Theft Affidavit in accordance with the form approved by the Illinois Attorney General; and

(2) An Identity Theft Affidavit (Credit Card or Debt Buyer Collection Action) in accordance with the form approved by the Illinois Supreme Court, which can be found in the Article II Forms Appendix. Of these two affidavits, only the Identity Theft Affidavit (Credit Card or Debt Buyer Collection Action) must be filed with the court. Within 90 days of service of the Identity Theft Affidavit (Credit Card or Debt Buyer Collection Action) on the plaintiff, the plaintiff or the court, on its motion, shall dismiss the case unless the plaintiff files an affidavit asserting facts that indicate the defendant is not the victim of identity theft and is responsible for the consumer debt at issue.

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Plain-English Summary

A defendant who says the debt at issue came from identity theft has to serve two sworn documents on the plaintiff: an Identity Theft Affidavit in the form the Illinois Attorney General approved, and a second, court-specific Identity Theft Affidavit in the form the Illinois Supreme Court approved. Only the second one gets filed with the court.

Once that second affidavit is served, the plaintiff has 90 days to respond. If the plaintiff does nothing, the plaintiff or the court on its own must dismiss the case. The only way to keep the suit alive is for the plaintiff to file its own affidavit laying out facts showing the defendant isn’t a victim of identity theft and is responsible for the debt.

The rule shifts the practical burden onto the plaintiff once identity theft is raised in the right form, so a consumer wrongly sued over someone else’s stolen-identity debt isn’t forced to litigate the point from scratch.

Frequently Asked Questions

What must a defendant do to raise an identity-theft defense here?

Serve both the Attorney General’s Identity Theft Affidavit and the Illinois Supreme Court’s Identity Theft Affidavit for these cases on the plaintiff.

Which affidavit gets filed with the court?

Only the Illinois Supreme Court’s Identity Theft Affidavit for credit-card or debt-buyer collection actions.

How long does the plaintiff have to respond once served?

90 days.

What happens if the plaintiff doesn’t respond in time?

The case must be dismissed, either by the plaintiff or by the court on its own motion.

How can the plaintiff keep the case going?

By filing an affidavit with facts showing the defendant isn’t a victim of identity theft and is responsible for the debt.

Amendment History

Adopted June 8, 2018, eff. Oct. 1, 2018.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source

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