Jump to content

SoL, DV and NCO


Mar63
 Share

Recommended Posts

I recently received a summons from Blitt and Gaines in Chicago on behalf of NCO portfolios to appear in court regarding a 7,100 past credit card debt. The actual credit card I owed the money too was never specified - matter of fact the summons gave no details whatsoever other than the amount I owed, NCO's name as the plaintiff and Blitt & Gaines as the attorney. I knew it was most likely a credit card debt I owed before I was divorced as they were still using my married name. I also knew it was a debt that was at least 6 years old.

I appeared in court and raised those issues and was granted a continuance to Sept. 07. I was told to contact Blitt and Gaines and raise those issues with them. Upon doing so Blitt & Gaines informed me that "The statute of limitations is seven years, if it were past the SoL we couldn't take you to court". I know that statement isn't true; that they can indeed attempt to collect a debt after the SoL has expired.

Upon further questioning they informed me (finally) that the debt was indeed a credit card - Sears to be exact. They also said that the last activity on the account was Dec., 1999.

My question is this.....every where I've read says the SoL(merchant card) on this type of account is four years, and even if it were a bank card it's five. How do I confirm the SoL in this state and is it the state where I reside or the state where the debt was originally incurred that determines the SoL? (I incurred the debt in Mass and have been living in IL for just short of 6 years).

Once I've confirmed the SoL how do I proceed? The judge mentioned a "motion for dismissal"? Also is it too late to send a DV letter or should I go ahead and do that anyway even though it's all ready in the courts?

Link to comment
Share on other sites

a DV letter will accomplish nothing at this point. you're going to have to research your states laws to determine the SOL... it appears from the chart Kristy has that for Illinois it would be 5 or 10. perhaps someone in IL can be of more help. the IL SOL should apply. they filed in IL, and you've lived there for quite a while.

Link to comment
Share on other sites

Guest E. Normis Debtor

Store cards are generally considered open accounts, whereas bank cards are not.

Since your in IL, here is some good information you can use to help you file your motion. After you have the case dismissed, you should consider an FDCPA suit against them for filing on a time barred debt.

Link to comment
Share on other sites

a DV letter will accomplish nothing at this point. you're going to have to research your states laws to determine the SOL... it appears from the chart Kristy has that for Illinois it would be 5 or 10. perhaps someone in IL can be of more help. the IL SOL should apply. they filed in IL, and you've lived there for quite a while.

I have researched it online and everything I've read points to a 5 year SoL on open accounts (4 on Merchant according to some sites) in Illinois. I have no idea where they got 7 since the longest term was 10 on a written contract. I don't know how to definitively confirm that however. I'm figuring they'll go with the "a credit card is a written contract" tactic here. The best info I've found so far is :

Illinois Compiled Statute, Chapter 225, Section 425

STATUTE OF LIMITATIONS (IN YEARS)

Sales (UCC): 4

Open Acct.: 5

Written Contract: 10

Domestic Judgment: 20

Foreign Judgment: Same as foreign jurisdiction

and

(735 ILCS 5/13-205) Five year limitation.

Except as provided in Section 2-725 of the "Uniform Commercial Code", approved July 31, 1961, as amended, and Section 11-13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended, actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.

I also noted that according to Blitt & Gaines (although at this point I have no way of confirming this) the last action on the account was Dec of 1999 which means 7 years is up in 4 months so maybe that's where they pulled the 7 year assertion from? That would put them *just* inside the SoL interestingly enough. I'm beginning to wonder if they just pulled that number out of thin air since after reading the same info on about 10 different sites I have yet to see *any* 7 year figure pertaining to either IL OR MA.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.