IBA Compliance Connection

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Will restrictions on collections be relaxed in phase three of the “Restore Illinois” plan?

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The five-phase “Restore Illinois” plan does not address restrictions on collections, which are imposed by a separate Executive Order 2020-25 (EO-25). Whether the restrictions on collection activities in EO-25 will continue depends on whether EO-25 is extended and additional Gubernatorial Disaster Proclamations are issued.

EO-25 suspended the service of garnishment summons, wage deduction summons and citations to discover assets during the duration of the Gubernatorial Disaster Proclamations. EO-25 was re-issued and extended through May 29, 2020, by Executive Order 2020-33, and the most recent Gubernatorial Disaster Proclamation is effective through May 30, 2020.

Although Illinois is expected to enter phase three on May 29, we believe it is likely that a Gubernatorial Disaster Proclamation will be issued for another thirty-day period, and EO-25 will be extended. Consequently, EO-25’s restrictions on collections may be in effect during all, or a portion of, phase three of the “Restore Illinois” plan.

For resources related to our guidance, please see:

  • Illinois Executive Order 2020-25 (April 14, 2020) (“Section 1. During the duration of the Gubernatorial Disaster Proclamations, Sections 5/12-705, 5/12-805, and 5/2-1402 of the Illinois Code of Civil Procedure, 735 ILCS 5/12-705, 735 ILCS 5/12-805, and 735 ILCS 5/2-1402, that permit the service of a garnishment summons, wage deduction summons, or a citation to discover assets on a consumer debtor or consumer garnishee, are suspended. Section 2. Notwithstanding the foregoing, nothing in this Executive Order shall be construed to apply to domestic support obligations, including child support and spousal maintenance obligations.”)
  • Illinois Executive Order 2020-33 (April 30, 2020) (“Executive Order 2020-25 is re-issued in its entirety and extended through May 29, 2020.”)
  • Gubernatorial Disaster Proclamation (April 30, 2020) (“Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and specifically declare all counties in the State of Illinois as a disaster area. . . . Section 12. This proclamation shall be effective immediately and remain in effect for 30 days.”)