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Need help going to small claims court in Illinois


suerae
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I am in need of some advice concerning a small claims case between myself and MRC Receivables. My only contact with this company was when a county sheriff presented me with a summons the middle of September, 2006. MRC says that I have an unpaid credit card account and that my last day of activity was supposedly, May 1, 2001. I have been to court 3 times so far and the judge is asking MRC to show validation of this supposed account. MRC still has not shown validation and a new court date is scheduled for them to show evidence of validation. I would like to know if credit card debt is considered an open account and also what the SOL is in Illinois. Does anyone know if there is a case law to support a SOL defense or what is a suggested defense to use. My lawyer does not seem to have the knowledge and doesn't seem interested in researching for me. Any answers would be appreciated...

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Controlling case in Illinois is 10 year SOL for credit card debt. The 5 year SOL was not an issue in that case (it was 10 year written vs 4 year sale of goods) and it's being challenged right now in the Rawson v Credigy suit.

You need to contest the SOL as 5 years and their ownership of the account.

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I am easily confused.

Since that case was settled, the illinois SOLC is 5 years?

Since the court never rendered a verdict, it has no effect legally.

Practically it may have an effect.

For instance, if Credigy thought they were gonna lose, it would've been better for them to settle than get caselaw that says suing past 5 years in Illinois is a FDCPA violation.

It could also have a domino effect. If the above were true, you'll notice Credigy not suing on those old accounts... at least not as much to avoid another suit by the same firm who knows how to handle it.

If the cost of Illinois accounts older than 5 years starts to go down, that will be evidence that Credigy thought they had a loser. Other JDBs would take note and watch their step regarding Illinois accounts.

Another sign would be Edelman going after another JDB for the same thing. It would possibly indicate that the settlement Credigy gave was beneficial for him and his clients.

No way to know for sure other than to read over Rawson's pleadings (http://members.aol.com/discussiondox/dox/) and use his logic and case cites if sued in Illinois yourself.

In my completely underqualified opinion, I think his suit had a chance.

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