Absent a properly noticed written motion for continuance under Rule 231 or for voluntary dismissal under section 2-1009 of the Code of Civil Procedure (735 ILCS 5/2-1009), a motion for continuance or voluntary dismissal made on the date of trial shall be denied, and the case shall proceed to trial, unless:
Rule 280.3.Continuance of Trial or Voluntary Dismissal of 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 280.3 stops last-minute continuances and voluntary dismissals on the day of trial in credit-card and debt-buyer cases, unless the court finds a real reason to allow one.
Full Text of Ill. S. Ct. R. 280.3
(a) The court finds that (i) each party has consented to a continuance with an understanding of the potential consequences of not consenting and (ii) a continuance serves the interest of justice; or
(b) The court is unable to proceed on the trial date, in which case an order may be entered continuing the case for a final trial date.
Plain-English Summary
Without a properly noticed written motion filed ahead of time, a request to continue or voluntarily dismiss a credit-card or debt-buyer case on the trial date itself gets denied, and the trial goes forward. That default matters because plaintiffs in these cases sometimes used repeated last-day dismissals and refilings to avoid ever having to prove the debt at trial.
The rule carves out two situations where the court can still grant relief on trial day: both sides consent to a continuance, understanding what that means, and the court finds a continuance serves the interest of justice; or the court itself can’t proceed that day, in which case it can set a new final trial date.
Nothing in the rule cuts off a litigant’s separate right to seek a continuance under Rule 231(f) — Rule 280.3 narrows what happens specifically on the trial date, not the continuance process generally.
Frequently Asked Questions
Can a debt buyer keep dismissing and refiling to avoid trial?
Not without meeting this rule’s conditions — a same-day dismissal or continuance request is denied by default and the case proceeds to trial.
What if the judge isn’t available on the trial date?
The court can enter an order continuing the case to a final trial date.
Does this rule replace Rule 231’s continuance procedure?
No, it works alongside it and preserves a litigant’s rights under Rule 231(f).
What does the court need to find to grant an agreed continuance on trial day?
That both parties consented with an understanding of the consequences, and that a continuance serves the interest of justice.
What happens if a continuance motion doesn’t meet these conditions?
It’s denied, and the trial proceeds as scheduled.
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
Also known as: debt collection trial continuancevoluntary dismissal debt buyer casecredit card case trial date rulesavoiding trial in a debt lawsuitrule 231 continuance credit card case