Skip to main content
index page

sol

Submitted by on Wed, 11/28/2012 - 13:24
Posts: 202330
Credits:
[Donate]

what is the statute of limitations on debts in illinois?


Quote:

Depends on the kind of debt you are concerned with.
Its 10 years for written contracts, 5 years for oral contracts, 10 years for promissory, 10 years for credit card accounts with written contracts and 5 years for accounts without one.


Credit cards are always open ended accounts which have an SOL of 5 years.


Submitted by SOAPLADY on Wed, 11/28/2012 - 21:43

SOAPLADY

( Posts: 17315 | Credits: )


Quote:

Credit cards are always open ended accounts which have an SOL of 5 years.


Not necessarily. An Illinois appeals court ruled on May 20, 2009, that the statute of limitations on a credit card debt without a written contract was 5 years, which otherwise, would be 10.

Quote:
CapOne v. Creed, 220 S.W.3d 874 (S.D. Mo.2000), the company alleged the parties entered into a contract, whereby the company would extend credit to the customer. The company alleged that the customer breached the terms of her contract by failing to pay the amounts for which credit was extended. The customer denied the allegations and asserted the affirmative defense that the action was barred by the statute of limitations. The appellate court ruled that the action was barred by the five year statute of limitations under Mo. Rev. Stat. 516.120 (2000). The customer made a partial payment on December 2, 1999, and the company's petition was not filed until January 3, 2005. The ten year statute of limitations under Mo. Rev. Stat. 516.110 was not applicable because the company did not produce a written promise by the customer to pay money.


Submitted by Steve Barris on Wed, 11/28/2012 - 22:38

Steve Barris

( Posts: 1043 | Credits: )