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Illinois Compiled Statutes

815 ILCS 160/1 (2026)

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✓ current as of May 2026
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(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.)

    
Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1994–2025 · leading case: Help at Home, Inc. v. Med. Capital, L.L.C., D/B/A Medcap, 260 F.3d 748 (7th Cir. 2001).
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Help at Home, Inc. v. Med. Capital, L.L.C., D/B/A Medcap, 260 F.3d 748 (7th Cir. 2001). · cites it 2× “MedCap moved to dismiss HAH’s claims as barred by the Illinois Credit Agree- *751 merits Act, 815 ILCS 160/1 et seq. (“ICAA”). The district court granted MedCap’s motion, and HAH now appeals.”
McAloon v. Nw. Bancorp, Inc., 654 N.E.2d 1091 (Ill. App. Ct. 1995). · cites it 3× “Defendants then moved to dismiss that complaint, raising the Credit Agreements Act (Act) (815 ILCS 160/1 et seq. (West 1992)) as a defense to plaintiffs’ claims.”
Bank One, Springfield v. Roscetti, 723 N.E.2d 755 (Ill. App. Ct. 1999). · cites it 2× “Bank One filed a motion seeking summary judgment in its favor on Roscetti’s counterclaim and dismissal of Roscetti’s affirmative defenses, arguing they were barred by the Credit Agreements Act (Act) (815 ILCS 160/1 et seq. (West 1998)). Roscetti responded with a cross-motion for…”
Harris N.A. v. Loren W. Hershey, 711 F.3d 794 (7th Cir. 2013). “See 815 ILCS 160/1(1). He elaborates on this theory in several ways.”
R & B Kapital Dev., LLC v. North Shore Cmty. Bank & Trust Co., 832 N.E.2d 246 (Ill. App. Ct. 2005). “Under the Act, a 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.”
LaSalle Bank Nat'l Assoc. v. Paramont Props., 588 F. Supp. 2d 840 (N.D. Ill. 2008). “” 815 ILCS 160/1(1). Defendants respond that their negligent misrepresentation claim is not barred because it arises out of conduct covered under the enforceable written agreement.”
Int'l Supply Co. v. Campbell, 907 N.E.2d 478 (Ill. App. Ct. 2009). “See 815 ILCS 160/1 (West 2006). Defendants respond further that their fraud claim is not barred by the Frauds Act since the oral promise of a cure period had the possibility of being performed within one year if a default had occurred within that time period.”
Off. Comm. of Unsecured Creditors of Lois/USA, Inc. v. Conseco Fin. Servicing Corp. (In Re Lois/USA, Inc.), 264 B.R. 69 (Bankr. S.D.N.Y. 2001). “815 ILCS 160/1(1). 116 . Likewise, Section 3 of the ICAA, which is captioned "Actions not considered agreements” provides, in relevant part: 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…”
Whirlpool Fin. Corp. v. Sevaux, 874 F. Supp. 181 (N.D. Ill. 1994). · cites it 3× “” 815 ILCS 160/1(1). In particular, the Act prohibits a debtor from “main-tainting] 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…”
First Nat. Bank in Staunton v. Mcbride Chevrolet, Inc., 642 N.E.2d 138 (Ill. App. Ct. 1994). “” (815 ILCS 160/1(1) (West 1992).) Defendants assert the transaction at issue is not within the purview of the Act because there was no credit agreement, arguing an agreement to hold a check drawn on insufficient funds, as opposed to covering a check, is not a commitment to lend…”
Whirlpool Fin. Corp., a Delaware Corp. v. Jean Sevaux, 96 F.3d 216 (7th Cir. 1996). “” 815 ILCS 160/1(1). In his appeal to this court, Mr.”
Teachers Ins. & Annuity Ass'n of Am. v. La Salle Nat'l Bank, 691 N.E.2d 881 (Ill. App. Ct. 1998). “” 815 ILCS 160/1(1) (West 1996). Section 2 of the Act mandates that in order for a credit agreement to be effective, the credit agreement must be in writing and must be signed by the parties.”
Show all 24 citing cases →
— 815 ILCS 160/1(1) — 18 cases
Help at Home, Inc. v. Med. Capital, L.L.C., D/B/A Medcap, 260 F.3d 748 (7th Cir. 2001). “MedCap moved to dismiss HAH’s claims as barred by the Illinois Credit Agree- *751 merits Act, 815 ILCS 160/1 et seq. (“ICAA”). The district court granted MedCap’s motion, and HAH now appeals.”
Harris N.A. v. Loren W. Hershey, 711 F.3d 794 (7th Cir. 2013). “See 815 ILCS 160/1(1). He elaborates on this theory in several ways.”
R & B Kapital Dev., LLC v. North Shore Cmty. Bank & Trust Co., 832 N.E.2d 246 (Ill. App. Ct. 2005). “Under the Act, a 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.”
LaSalle Bank Nat'l Assoc. v. Paramont Props., 588 F. Supp. 2d 840 (N.D. Ill. 2008). “” 815 ILCS 160/1(1). Defendants respond that their negligent misrepresentation claim is not barred because it arises out of conduct covered under the enforceable written agreement.”
Off. Comm. of Unsecured Creditors of Lois/USA, Inc. v. Conseco Fin. Servicing Corp. (In Re Lois/USA, Inc.), 264 B.R. 69 (Bankr. S.D.N.Y. 2001). “815 ILCS 160/1(1). 116 . Likewise, Section 3 of the ICAA, which is captioned "Actions not considered agreements” provides, in relevant part: 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…”
— 815 ILCS 160/1(2) — 2 cases
Whirlpool Fin. Corp. v. Sevaux, 874 F. Supp. 181 (N.D. Ill. 1994). “” 815 ILCS 160/1(1). In particular, the Act prohibits a debtor from “main-tainting] 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…”
Haney v. Illinois Dev. Fin. Auth., 53 Ill. Ct. Cl. 171 (1998).
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