| |

Libraries

Business
Organizations
Business
Transactions
-
Securities
-
Loans and Credit
-
Interest
-
Sales
-
Deceptive Practices
-
Contracts
-
Franchises
Commercial
Code
Employment
Law Bulletins


To learn more about Hennessy & Roach services,
reach us at:
Chicago: 312-346-5310
Fax: 312-346-5330
St. Louis: 314-231-0770
Fax: 314-231-0990
Springfield: 217-726-0037
Fax: 217-726-0137
______________________
140 S Dearborn
St., Suite 520
Chicago, IL 60603
|
|
.
CHAPTER 815
BUSINESS TRANSACTIONS
Credit Agreements Act.
.
|
|
(815 ILCS 160/0.01) (from Ch. 17,
par. 7100)
Sec. 0.01. Short title. This Act
may be cited as the Credit Agreements Act.
(Source: P.A. 86-1324.)
|
(815 ILCS 160/1) (from Ch. 17,
par. 7101)
Sec. 1. Definitions. For the purpose
of this Act, the following terms have the meanings given them:
(1) "Credit agreement" means
an agreement or commitment by a creditor to lend money or extend
credit or delay or forbear repayment of money not primarily for
personal, family or household purposes, and not in connection
with the issuance of credit cards.
(2) "Creditor" means
a person engaged in the business of lending money or extending
credit.
(3) "Debtor" means a
person who obtains credit or seeks a credit agreement or claims
the existence of a credit agreement with a creditor or who owes
money to a creditor.
(4) "Person" means an
individual, corporation, partnership, joint venture, trust estate,
unincorporated association or other entity.
(Source: P.A. 86-613.)
|
(815 ILCS 160/2) (from Ch. 17,
par. 7102)
Sec. 2. Credit agreements to be
in writing. A debtor may not maintain an action on or in any
way related to a credit agreement unless the credit agreement
is in writing, expresses an agreement or commitment to lend
money or extend credit or delay or forbear repayment of money,
sets forth the relevant terms and conditions, and is signed
by the creditor and the debtor.
(Source: P.A. 86-613.)
|
(815 ILCS 160/3) (from Ch. 17,
par. 7103)
Sec. 3. Actions not considered
agreements. The following actions do not give rise to a claim,
counter-claim, or defense by a debtor that a new credit
agreement is created, unless the agreement satisfies the requirements
of Section 2:
(1) the rendering of financial
advice by a creditor to a debtor;
(2) the consultation by a creditor
with a debtor; or
(3) the agreement by a creditor
to modify or amend an existing credit agreement or to otherwise
take certain actions, such as entering into a new credit agreement,
forbearing from exercising remedies in connection with an existing
credit agreement, or rescheduling or extending installments due
under an existing credit agreement.
(Source: P.A. 86-613.)
|
(815 ILCS 160/3.1)
Sec. 3.1. Liability; privity of contract. No creditor shall be liable to a person
not in privity of contract with the
creditor for civil damages arising out of a credit agreement,
or any conditions precedent thereto, except for acts or conduct
by the creditor that constitute fraud against the person.
(Source: P.A. 89-309, eff.
8-11-95.)
|
|
To learn more about Hennessy & Roach services, please call 312.346.5310,
or send an e-mail to
hennroach@hennessyroach.com to
arrange a consultation.
Web Site Disclaimer: All
information offered herein by the Law offices of Hennessy & Roach,
P.C.
is not legal advice nor the formation of an attorney client relationship.
You agree to hold harmless the law offices of Hennessy & Roach,
P.C., its employees and all parties associated with Hennessy & Roach.
If you disagree, immediately discontinue use of this site.
General Disclaimer: This site contains
provisions of the Illinois Compiled Statutes from databases that
were created for the use of the members and staff of the Illinois
General Assembly. The provisions have NOT been edited for publication,
and are NOT in any sense the "official" text of the Illinois
Compiled Statutes as enacted into law. The accuracy of any specific
provision originating from this site cannot be assured, and you are
urged to consult the official documents or contact legal counsel
of your choice. This site should not be cited as an official or authoritative
source. Court decisions may affect the interpretation and constitutionality
of statutes.
Home | The
Firm | Attorneys | Practice
Areas | Clients | References | Hearing
Sites | Contact Us | Disclaimer
|