i had a credit card from bank of america and i defaulted but i thought i had agreed to settle shortly after that. however, i didn't keep copies of any canceled checks or receipts if i did. so now Cach LLC Collection Agency has purchased my so-called "debt" and is suing me. i received a summons yesterday and this is what the complaint says:
Now comes the Plaintiff, CACH, LLC, by and through their attorneys, Law Office of Keith S. Shindler, Ltd., and complaining of the Defendant, states as follows:
1. The Defendant entered into a credit card agreement with Bank of America whereby defendant received a credit card, account #xxxx and could charge goods and services to their account and receive cash advances.
2. The Defendant subsequently defaulted by failing to pay the indebtedness incurred resulting in the balance due to the Plaintiff in the amount of $xxx
3. For good and valuable consideration, Plaintiff is the assignee of Defendant's credit card agreement and account.
4. Due demand has been made on the Defendant to pay this amount and the Defendant has failed to do so.
5. Under the terms of the cardholder agreement, defendant shall, in the event of default, pay Plaintiff's reasonable attorney fees of $350 incurred in attempting to collect the loan.
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so there are no dates included in this complaint but i looked on my credit report and i opened the account on 4/1/2003. the illinois statute of limitations for open-ended accounts is 5 years. however, the report also shows i was 120 days past due in august of 2005. so i don't think the statute of limitations pertains in this case (even if i still owe the debt). i know i need to reply to this by either myself or my attorney appearing in court, correct? if anyone has any suggestions or has been through a similar process with success, please let me know. thanks--emily