Did Illinois secede from the Union?!? Arrrgh!
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Posted by MCM bait
(66.149.179.202) on March 08, 2004 at 17:57:01:
Ok, now I'm really PO'd to the MAX! This weekend I contacted one of the NACA lawyers for my state, hoping that there was a class action suit planned for my nemesis. Exchanged several emails with the founder of one of the top consumer protection law firms (which, btw, has been recommended several times on this board). He all but straight out said that if you signed an application for a credit card, it's construed as a written contract and subject to the 10 year SOL. His suggestion to me was to move to withdraw my answer and to dismiss on the grounds that the signed application and assignment weren't included in the complaint. Well, I already asserted the latter as one of my affirmative defenses and even cited the exact same ILCS statute. Now, I may not be the brightest bulb in the closet, but if I withdraw my answer and the court denies the motion to dismiss, but allows the withdrawal, doesn't that pretty much leave me a sitting duck??? And what the heck is this with the ten-year statute? Is Illinois really that far out of step with all the other states? Does ANYONE have any direct experience with successfully (or unsuccessfully) defending themselves against a CA using the 5 year SOL? I'm beginning to understand why people go postal.
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