Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/9-625

(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 if collateral is consumer goods.  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. 97-1034, eff. 7-1-13.)