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statute of limitation

  • Thread starter Thread starter MARQUITTA
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MARQUITTA

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I purchased a t.v. in 1990, I lost my job & was unable to pay for it. The last payment I made was in 1991, last week I received a letter from a collection agency. The store has been closed for about 4 or 5 years now and I had never received anything regarding the t.v., so I would like to know what is the statute of limitation in illinois.
 


I AM ALWAYS LIABLE

Senior Member
MARQUITTA said:
I purchased a t.v. in 1990, I lost my job & was unable to pay for it. The last payment I made was in 1991, last week I received a letter from a collection agency. The store has been closed for about 4 or 5 years now and I had never received anything regarding the t.v., so I would like to know what is the statute of limitation in illinois.

My response:

Okay, now we're "cooking with gas".

The Statute of Limitations in Illinois on a written contract is 6 years from the inception of the contract, or from the date of last payment, whichever is later.

So, unless the store or the collection agency filed a lawsuit against you within those six years, or no later than 1997 (because your last payment was in 1991), then they have blown the Statute of Limitations and they cannot collect from you.

The collection agency has apparently purchased the stores' "receivables" and they were probably hoping that you wouldn't know your rights or the law.

Well, unless the collection agency can show you a Summons and Complaint that has been filed, naming you as the defendant, within those years, you can tell the collection agency to blow it out their nose.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-03-2000 at 11:03 PM]
 

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