SOL in Illinois
Date: Fri, 03/16/2007 - 23:59
The lawyer told me that in Illinois they consider a bank credit card a written contract making the SOL 10 years. But when I looked under federal law it seemed to me (and I am so not hip to legal jargon ) that credit cards were open. Does anyone know for sure?
Second question what happens if a collection agengy files a suit before the SOL does that halt things. Example: Apparently these guys have been after me for years. But I can honestly tell you I was unaware of it. If the SOL is infact 5 years that time line would have been up about a year ago.
Quote:The lawyer told me that in Illinois they consider a bank c
Quote:
The lawyer told me that in Illinois they consider a bank credit card a written contract making the SOL 10 years. But when I looked under federal law it seemed to me (and I am so not hip to legal jargon ) that credit cards were open. Does anyone know for sure? |
Sorry I can't give you a definite answer, but if the Illinois courts have found credit cards to be a form of a written contract, then article 2 of the UCC would be irrelevant. I've found anecdotal evidence to suggest this is the case, but nothing firm. Unfortunately, I don't have lexisnexis to help you out. If no one else on this board can answer the question, perhaps you could call consumer attorneys in your area. Surely one or two would be able to give you an opinion--although I doubt that a state attorney would give such seriously erroneous information
Quote:
Second question what happens if a collection agengy files a suit before the SOL does that halt things. |
That suit, and any appeal would fall within the SOL. Any separate suit, I believe must still be under SOL.
Ohh...just re-read your other thread, you've already checked wit
Ohh...just re-read your other thread, you've already checked with attorneys. If no one has a good answer for you in Illinois, I would think that there have been some recent rulings that change what laws will be interpreted--likely not good news for you.
Thank your for responding
I want to be very clear here that I do thank you for your time in responding. The fact is that I must be a simpleton after reading and re-reading your answer I am just not getting it. I just do not understand how the laws can be so unclear.
Provenplan,please google your state home page.Once there please
Provenplan,please google your state home page.Once there please lookup your state laws on sol.
Thank you I did that before comming here
And I do thank anyone for some vaild information but understand that the States Attorney sent me to several web pages and the best answer I got was this.
The answer to this question is complicated. The first issue is the type of
the credit card. There are two different types of credit cards:
Credit cards issued by a particular merchant (or store) for use with that
store alone, like a Target credit card which can only be used at Target; and
bank credit cards like Mastercard and Visa, which can be used at many
places.
Merchant Credit Cards
If a credit card is from one particular merchant, like a Target credit card,
there is a four-year statute of limitations. But the four years might only
go back to the date of your last payment, not the date the card was issued.
So each new payment might start a new four-year period in which a lawsuit
could be filed. That's why creditors and collection agencies sometimes
pressure you for payment just as the clock is running out. A new payment
gives them another four years to collect.
Bank Credit Cards
If the credit card is a bank card like a Mastercard or Visa, different rules
apply for the statute of limitations. But it also depends on whether there
is a written agreement between you and the bank that issued the credit card.
If there is a written agreement that you signed when you received the bank
credit card, then a ten-year statute of limitations may apply. But the ten
years might only go back to the date of your last payment, not the date the
agreement started. So each new payment you make might start a new ten-year
limitations period.
If there is no signed, written agreement between you and the bank card
issuer, then a five-year statute of limitations may apply. If the five year
statute of limitations applies the law is not clear as to when that
limitations period begins. It may start when the credit card was issued-not
from the date of the last payment. This is a fuzzy area of the law that has
not been clearly decided
Now I am dealing with a CA that started a suit against me that I do not even think is mine. I am tring to get as much information as I can. It is very stressfull and to be honest I feel at a total loss.
I do thank anyone for any answers. I mean that from the bottom of my heart.
Ok. So your case hinges on two things: First, is it your debt
Ok. So your case hinges on two things:
First, is it your debt?
Unfortunately, I have no experience with ID theft, so I am unable to provide you any assistance here.
Second, was there a signed, written agreement, or not?
Federal law is not relevant, since the state laws supersede them. I'm guessing that the credit card application would be sufficient to constitute a contract.
I'm of the belief here that you'd have an easier time proving ID theft than you would arguing the SOL. Go through the ID theft forum and read through posts to determine how to report an issue, and post your questions there so you can figure out how to fight an account based on fraud. That's the best advice I can give you.
Oh...perhaps you could try to force them to produce your signed
Oh...perhaps you could try to force them to produce your signed contract in court???
If you know account is not yours,why are you stressing on sol! G
If you know account is not yours,why are you stressing on sol! Go to www.ftc.gov. Download id theft affidavit and fill out.Get it notarized.Send certified copy to attorney,court,collector,and original creditor. Once that is in their lap,they must follow facta provisions of fcra to authenticate account or drop everything against you. If they do not follow these procedures,you will have them on fcra violations and they will be paying you!
The point is that I did not know.
I was not sure how to handle it. I am sorry I was just trying to learn. I have some great info now. The fact is that I am disabled, recently I have had a vision imparement, meaning I am going blind and that beside the point I still feel I should know what the laws are so I can protect myself. It's just rough trying to read all this stuff.
Thank you all for the help :)It is easier to avoid being shot when you know the gun is aimed at you
that read wierd
I just found out I am losing my eyesight and I do not want to be a person who is a pity me. I only want to be armed with info so I can win this. Right now my main concern should be fighting to find a treatment but yes I am very stressed with a collector on my A**
A written contract will be anything that you placed your signatu
A written contract will be anything that you placed your signature on. Generally to open a credit card, you need to sign something saying you agree to the terms and conditions, and then you mail it to them and they send your card. Also, everytime you use the card, you are signing a receipt that says you agree to pay the charges per the cardholder agreement. Even though it is open-ended credit, a written agreement still exists between the cardholder and card-issuer.
provenplan, could you pm me with the webpage breakdown of mercha
provenplan, could you pm me with the webpage breakdown of merchant/bank/written contracts?
I double check with several very reliable sources and friends on
I double check with several very reliable sources and friends on other credit boards and they all state that credit card debt is open debt, regardless of whether or not it is a merchant card or visa/mc
A written account would be a bank loan....one that you have an actual written term.
just a word of advise on debt
In Illinois, there is a statute set up for persons with Disabilities, If your income is from ssd you are exempt from judgements by the court from debt, I beleive. I wish i could remeber where i saw it but go to Illinois Compiled Statutes. and look for exemptions from garnishment and see if you can find the statute there. that names the law and if you just simply tell the judge your on Disability he will know the exemption statute but take it with you just in case.
Quote:I want to be very clear here that I do thank you for your
Quote:
I want to be very clear here that I do thank you for your time in responding. The fact is that I must be a simpleton after reading and re-reading your answer I am just not getting it. I just do not understand how the laws can be so unclear. |
No, you are not a simpleton, Illinois laws are written in very vague terms from which you can draw many conclusions.
It appears from your response from the AG's office that is the case. A card issuer may argue that your application was a "signed Agreement" ans there fore are subject to the 10 year SOL. Alternatively it could be argued the every time you signed a Credit Card receipt that constituted a written agreement again subjecting it to the 10 year SOL as well.
As most commerce, finance and collections laws in Illinois are written in favor of the creditor and NOT the consumer, It a safe bet a "major" credit cards would be under those terms (sort of a "worst case scenario").
You can access the Illinois General assembly website to view both current legislation as well as existing public acts and the Illinois Compiled Statues.
Under the fdcpa and FCRA the SOL is determined by the date of Last Activity, hence the date the last payment was made. Each time you make a payment that would re-start the clock in the event you become delinquint on an account.
Hope this helps. I am also in Illinois, If i cna help further please let me know.
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