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Clarification on the SOL in Illinois...HELP please!
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Posted by Keggory
(207.162.229.11) on March 28, 2002 at 19:52:25:
Two weeks ago I was served with a summons and I filed an appearance for myself in court. I am being sued for credit card debt which I alledgedly owe from 1993. This is the first time I am hearing of this account in YEARS, and I don't believe I even owe this money. It is not from a CA, but from the credit union itself. Looking at the court papers (which were not attached to the summons as they were supposed to be) they are claiming that this debt has been filed within the statute of limitations for contracts according to 735 ILCS 5/13-206. Even disputing that this is not a contract but an open-end account, according to the code: "...actions on bonds, promissory notes, bills of exchange, written leases, written contract, or OTHER EVIDENCES OF INDEBTEDNESS IN WRITING, shall be commenced within 10 years next after the cause of action accrued;..."(emphasis my own). Would the OTHER EVIDENCES OF INDEBTEDNESS IN WRITING include credit cards? Thanks for all your help...this forum has taught me a lot.
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