Illinois - SOL and CC as open account

[seniorjudge]

...These acerbic and unqualified assertions about written contracts vs. open accounts are becoming humorous. We all know or should, that the courts are in flux and are going both ways. An inability to be definitive is nobody’s fault. For the first time, I unreservedly agree with Skidmarks. “Illinois [and the very few other states that have published opinions] still remains murky in regards to CC.”....

Please.

Do not confuse these folks with the facts.

They are having a great time in this thread.

Now when OP is fighting the collection efforts on the judgment that will soon be entered against him, you will not be able to find any of these geniuses.

So...let them have their fun now.

 

[seniorjudge]

What is the name of your state? IL

Hello,

I'm in the midst of fighting a credit card collection and trying to use the same SOL defense the user ttoby used in the series of posts under https://forum.freeadvice.com/showthread.php?t=151721.

In my case the credit card was opened in 2000. The collections attorney has provided NO record of purchases except a statement that simply lists a balance due.

My first line of defense is that they are barred from bringing the case due to SOL. I've read through all the IL Credit card debt posts here on FreeAdvice and have seen it mentioned numerous times that credit cards are considered open accounts in IL and therefore have a 5 or 6 year SOL. Does anyone have case law or specific statute you can point me to in order to prove this? Most collections attorneys I've spoken with say the SOL is 10 years because credit cards are considered written contracts, and subject to 735 ILCS 5/13‑206 instead of 735 ILCS 5/13‑205. This is according to 316 N.E.2d 209 (1972) and 432 N.E.2d 1309 (1982). Nowhere do I see mention of the Federal Statutes - Truth in Lending Act - as mentioned by some posters.

If anyone can point me to a case that proves credit cards are not written contracts and are considered open accounts in Illinois, I'd GREATLY appreciate it.

My second line of defense (and I'd love to hear you thoughts on it) assumes credit cards are written contracts, but that the attorney must PROVE a written contract existed. The case they have cited says that the contract is NOT formed when the credit card agreement is entered into, but instead when a purchase is made and the credit card holder signs the purchase receipt - THAT is the contract. If that is in fact the case, doesn't the collections attorney have to prove that said contract existed by providing a copy of the purchase receipts, or at the very least a statement with the specific purchases made? MUST I demand verification of debt, or can I just argue this in court? We already have the court date set...is it too late to ask for the verification?

Again, I'd appreciate your thoughts!What is the name of your state?

Let me give you some hints:

debtcollector` and chien know more about debtor/creditor law than anyone else who has so far posted in this thread ... and I am including myself.

So read some of their posts.

dc often gives consumers the heads up when the collection agency is doing the wrong thing; likewise, chien is well-versed in this area of the law.

Don't just get your ears tickled...listen to the experts.

 

[GulfBreeze]

Please.

Do not confuse these folks with the facts.

They are having a great time in this thread.

Now when OP is fighting the collection efforts on the judgment that will soon be entered against him, you will not be able to find any of these geniuses.

So...let them have their fun now.

Well, apparently the few judges that have sided with the plaintiffs in some of these cases were and are probably just as surprised as you when they were overturned in appellate courts. You see, that is where the real judges are. Not the ones who claim to be in district courts or internet sites....

 

[seniorjudge]

Well, apparently the few judges that have sided with the plaintiffs in some of these cases were and are probably just as surprised as you when they were overturned in appellate courts. You see, that is where the real judges are. Not the ones who claim to be in district courts or internet sites....

Well...you have outed me.

I am not, in fact, a cranky old hillbilly judge.

I am, in truth, a secret agent for INTERPOL stationed in Monte Carlo.

 

[CC53]

Two recent 2008 cases, support the 5 year SOL in IL, if the plaintiff has not attached a written contract to the complaint.

Parkis v Arrow Financial

Ramirez v Palisades