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Someone from Illinois please advise


Chaos
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I am being sued by a collection agency and am trying to find an attorney to defend me. I can't use SOL as a defense because the SOL in Illinis is 10 years and the debt is still within SOL. I have called some consumer attorneys and they are reviewing my case and said they would get back to my in a couple of days if they decide to take my case, ie. if they feel the can file a counterclaim-however time is a wasting and I just need an attorney who can help me with my answer to the complaint and represent me in court and someone who is somewhat reasonable and offers various payment options. I don't have the money to settle this debt and I need the advice from an attorney as to how I may best proceed. If anyone from Illinois can help please PM your help will be most appreciated.

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We need more details to qualify an answer.

Am I to assume this is a written agreement not of a revolving account?

If a car, is it a repo?

What counterclaims are you considering? why do you think you have a counterclaim?

Understand that we can give you direction, but it would be an illegal practice of law for a non lawyer to give you "legal advice."

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Than Illinois must consider credit card debt to be either written or promissory because the open-ended (revolving credit) for Illinois is 5 yrs. Well, I do truly hope that everything works out. Make sure, above all else that you are well advised of your rights and that you are fully aware of the state laws for Illinois.

Anyway, here some good threads to start with...

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=214300

and...

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=247592

Good luck! :) This to shall pass.

Elyse

and the "Is there a Lawyer in the house" folder...

http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177

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Credit cards are considered written contracts in IL.

No they are not. Illinois follows the Uniform Commercial Code. If the CA is telling you it is a written contract and that the SoL is 10 years, they are feeding you BS in the hope that you will cave in and pay them.

(735 ILCS 5/13‑206) (from Ch. 110, par. 13‑206)

Sec. 13‑206. Ten year limitation. Except as provided in Section 2‑725 of the "Uniform Commercial Code", actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing, shall be commenced within 10 years next after the cause of action accrued;

§ 2-725. Statute of Limitations in Contracts for Sale. (Uniform Commercial Code)

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

So no. It is not covered under the 10 year SoL in Illinois since the law specifically says any contract for sale is limited by the UCC of 4 years or less.

Even so, Credit card agreements are not "written contracts." They are contracts of adherance. A written contract by definition has terms set in stone when the agreement is made. Just look at the paperwork. Even the credit card companies don't call them contracts. They call them "Terms and conditions." The Federal Truth In Lending Act also defines at length what is an open-ended account in section 127.

That said, the proper section of Illinois law that applies to open ended acocunts is

(735 ILCS 5/13‑205) (from Ch. 110, par. 13‑205)

Sec. 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.

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