Notice to Appear
Date: Tue, 02/27/2007 - 09:58
I had a charge off of a credit card in the late 1990’s. in Illinois. The amount is around 2,700. It was removed from my credit report in 2006. I made a small payment to a collection company in 1999, or 2000.
I recently, received a (Notice to Appear for a Pre-Trial Conference/Mediation). From an attorney where I am now living in Florida – Past 5 years… Should I go to the court house as requested?.. Isn’t there a statute of limitation?... In Illinois is a credit card agreement meant to be a written or oral contract?
Thanks..
The credit card debt occurred in IL. Therefore, SOL in IL will b
The credit card debt occurred in IL. Therefore, SOL in IL will be applicable in your case. Since you last paid in the year 2000, the SOL from that date will be calculated. Send a dispute letter, CMRRR to the collection agency mentioning the expiry of the SOL.
You should go to the court and pursue the case on the basis of SOL. Show your bank statement to the judge that proves the last payment date on this account. Also, show the receipt of the certified letter mentioning your dispute. This case will turn in your favor and the collection company will be legally asked to stop all collections on the said debt.
You also need to be aware that Illinois has "tolling" on the SOL
You also need to be aware that Illinois has "tolling" on the SOL - meaning while you are out of the state, the SOL clock is not ticking. Kind of like, when you step foot across state lines, SOL presses the pause button.
