If the plaintiff fails to comply with the requirements of this Part, the court may not enter a
default judgment, and the court, on motion or on its own initiative, may dismiss the complaint.
Rule 280.4.Consequences for Non-Compliance.
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 280.4 bars a default judgment and lets the court dismiss a credit-card or debt-buyer complaint that skips Part I’s filing requirements.
Full Text of Ill. S. Ct. R. 280.4
Plain-English Summary
This is a short rule with real consequences. If the plaintiff hasn’t met Part I’s requirements — the affidavit, the supporting documents, the statute-of-limitations statement — the court can’t enter a default judgment against the defendant.
Beyond blocking a default, the rule gives the court authority to dismiss the complaint outright, either because a party asked or on its own initiative. That puts the burden on the plaintiff to get the paperwork right rather than relying on a defendant’s absence to win the case.
Frequently Asked Questions
Can a debt buyer win by default without the required affidavit?
No — the court is barred from entering a default judgment if the plaintiff hasn’t complied with Part I.
Who can raise a noncompliance problem with the court?
Either party by motion, or the court on its own initiative.
What happens if the plaintiff fails to comply with Part I’s requirements?
The court may dismiss the complaint, not just a warning to fix it later.
Does this rule apply only at the default-judgment stage?
No — dismissal is available whenever the plaintiff falls short of Part I’s requirements, not only when a default is sought.
Which requirements does this rule enforce?
The complaint, affidavit, and documentation requirements set out earlier in Part I, including Rules 280.2 and 280.5.
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
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