CHAPTER 810, ILCS 5/ - Uniform Commercial Code

810 ILCS 5/9-315.01

Sec. 9-315.01. Debtor disposing of collateral and failing to pay secured party amount due under security agreement; penalties for violation.

Illinois Compiled Statute
810 ILCS 5/9-315.01
Offense Description
Debtor disposing of collateral and failing to pay secured party amount due under security agreement – Class 3 felony
Offense Classification
Class 3 Felony
Statutory Penalties & Sentencing Scope
2 to 5 years IDOC (Probation eligible) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 810 ILCS 5/9-315.01 (Debtor disposing of collateral and failing to pay secured party amount due under security agreement – Class 3 felony) is classified as a Class 3 Felony. Statutory sentencing scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class 3 Felony

2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 3 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Debtor disposing of collateral and failing to pay secured party amount due under security agreement – Class 3 felony Official ILGA · 810 ILCS 5/9-315.01 -> Class 3 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 9-315.01. Debtor disposing of collateral and failing to pay secured party amount due under security agreement; penalties for violation.

(1)

(1) It is unlawful for a debtor under the terms of a security agreement (a) who has no right of sale or other disposition of the collateral or (b) who has a right of sale or other disposition of the collateral and is to account to the secured party for the proceeds of any sale or other disposition of the collateral, to sell or otherwise dispose of the collateral and willfully and wrongfully to fail to pay the secured party the amount of said proceeds due under the security agreement. Failure to pay such proceeds to the secured party within 10 days after the sale or other disposition of the collateral is prima facie evidence of a willful and wanton failure to pay.

(2)

(2) An individual convicted of a violation of this Section shall be guilty of a Class 3 felony.

(3)

(3) A corporation convicted of a violation of this Section shall be guilty of a business offense and shall be fined not less than $2,000 nor more than $10,000.

(4)

(4) In the event the debtor under the terms of a security agreement is a corporation or a partnership, any officer, director, manager, or managerial agent of the debtor who violates this Section or causes the debtor to violate this Section shall be guilty of a Class 3 felony.

(Source: P.A. 91-893, eff. 7-1-01.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 810 ILCS 5/9-315.01 in Illinois?

Under Illinois law, 810 ILCS 5/9-315.01 (Debtor disposing of collateral and failing to pay secured party amount due under security agreement – Class 3 felony) is classified as a Class 3 Felony.

Sentencing Scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Is a court appearance mandatory for 810 ILCS 5/9-315.01 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 810 ILCS 5/9-315.01 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 810 ILCS 5/9-315.01?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 810 ILCS 5/9-315.01 (West 2026)
The Bluebook Style (21st ed.) 810 Ill. Comp. Stat. 5/9-315.01 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/810-ilcs-5-9-315.01
Cross-Referenced ILCS Codes