765 ILCS 1026/ Revised Uniform Unclaimed Property Act.

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765 ILCS 1026/15-1004

(765 ILCS 1026/15-1004)

Sec. 15-1004. Records obtained in examination.

Records obtained and records, including work papers, compiled by the administrator or administrator's agent in the course of conducting an examination under Section 15-1002 or Section 15-1002.1:

(1) are subject to the confidentiality and security

provisions of Article 14 and are exempt from disclosure under the Freedom of Information Act;

(2) may be used by the administrator in an action to

collect property or otherwise enforce this Act;

(3) may be used in a joint examination conducted with

another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to Article 14;

(4) may be disclosed, on request, to the person that

administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in this Article, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Article 14;

(5) must be produced by the administrator under an

administrative or judicial subpoena or administrative or court order; and

(6) must be produced by the administrator on request

of the person subject to the examination in an administrative or judicial proceeding relating to the property.

(Source: P.A. 102-288, eff. 8-6-21.)

765 ILCS 1026/15-1005

(765 ILCS 1026/15-1005)

Sec. 15-1005. Evidence of unpaid debt or undischarged obligation.

(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

(b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection (a) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

(c) A putative holder may overcome prima facie evidence under subsection (a) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

(1) issued as an unaccepted offer in settlement of an

unliquidated amount;

(2) issued but later was replaced with another

instrument because the earlier instrument was lost or contained an error that was corrected;

        (3) issued to a party affiliated with the issuer;
        (4) paid, satisfied, or discharged;
        (5) issued in error;
        (6) issued without consideration;
        (7) issued but there was a failure of consideration;
        (8) voided not later than 90 days after issuance for

a valid business reason set forth in a contemporaneous record; or

(9) issued but not delivered to the third-party payee

for a sufficient reason recorded within a reasonable time after issuance.

(d) In asserting a defense under this Section, and subject to the records retention requirements of Section 15-404, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.

(Source: P.A. 100-22, eff. 1-1-18.)

765 ILCS 1026/15-1006

(765 ILCS 1026/15-1006)

Sec. 15-1006. Failure of person examined to retain records.

If a person subject to examination under Section 15-1002 does not retain the records required by Section 15-404, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under Section 15-1003. A payment made based on estimation under this Section is a penalty for failure to maintain the records required by Section 15-404 and does not relieve a person from an obligation to report and deliver property to a State in which the holder is domiciled.

(Source: P.A. 100-22, eff. 1-1-18.)