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credit card SOL in Illinois


sherri629
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I've been reading your site about different SOL's. You adamantly claimed on that page that credit cards are always open accounts per the TIL act. I've attached a lawsuit in which the court distinguished between charge accounts and credit accounts...and didn't label either as open accounts.

http://proselitigant.net/wwwthreads/Wc606f4c595e4e.htm

Hamid, et al v. Blatt et al - FDCPA - SOL

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I've been reading your site about different SOL's. You adamantly claimed on that page that credit cards are always open accounts per the TIL act. I've attached a lawsuit in which the court distinguished between charge accounts and credit accounts...and didn't label either as open accounts.

http://proselitigant.net/wwwthreads/Wc606f4c595e4e.htm

Hamid, et al v. Blatt et al - FDCPA - SOL

Illinois is one of the idiotic states that has done nothing to clarify the issue of SOL on credit card debt. Therefore there is no true case law that states one way or another as a definitive answer. There are a couple of key items to keep in mind.

1) This case is related to a store charge card and the issue of fact was whether is fell under the statute of a written contract or if it fell under the UCC which gives 4 years. This is not a truly relevant case when it comes to bank credit cards.

2) Written accounts in IL are 10 years. Case law has shown that credit cards will be considered written accounts. BUT, and this is important, illinois has strict definitions of what formal constitutes a written contract. most of the time, it cannot be satisfied in a legal definition. That brings us to...

3) Open accounts in IL are 5 years. There is no case law that states that a credit card is an open account. General accepted defintions of federal laws can be used in your favor but is not truly a slam dunk response.

So where does this lead us? Well, there are written components to a credit card but usually do not meet all the requirements. There are also changing components to a credit card with causes it to fall under open accounts. There is a statute in illinois that states that if a contract is part written and part oral (i.e. changing, which most if not all credit cards are) then it must fall under the SOL for open accounts.

So the question I would have for you is.... are you asking because you were sued? What documentation do they have? Can what they provide meet ALL the requirements of a written contract?

Illinois makes you work for your info and case, they dont make it easy. There is case law for both answers but the details of the case and the documents involved are very important.

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I agree about Illinois being sucky when it comes to specifics. They like it that way... leaves them room to sway to whichever side works better for them at the time.

I bring it up because I recently received a dunning letter from Blatt/Hasenmiller on behalf of Midland Funding, who claims to have purchased a debt of mine from Dell Financial Services.

I'd read alot about lawsuits from Midland/Blatt and wanted to do my homework just in case. I have DV'd them twice with no response to date, but it's only been about 10 days on the second letter. From everything I'm reading, I think this debt, being a revolving line of credit for use at Dell only, and financed through Dell, would fall under UCC's SOL of four years. They claim the date of last payment was 9/05 and thats about right I think.

I'm hoping I won't hear back from them at all, but if I do, I didn't want to start scrambling at that time to figure out all the angles

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I agree about Illinois being sucky when it comes to specifics. They like it that way... leaves them room to sway to whichever side works better for them at the time.

I bring it up because I recently received a dunning letter from Blatt/Hasenmiller on behalf of Midland Funding, who claims to have purchased a debt of mine from Dell Financial Services.

I'd read alot about lawsuits from Midland/Blatt and wanted to do my homework just in case. I have DV'd them twice with no response to date, but it's only been about 10 days on the second letter. From everything I'm reading, I think this debt, being a revolving line of credit for use at Dell only, and financed through Dell, would fall under UCC's SOL of four years. They claim the date of last payment was 9/05 and thats about right I think.

I'm hoping I won't hear back from them at all, but if I do, I didn't want to start scrambling at that time to figure out all the angles

If it is a dell account that can only be used at Dell, then I believe you are right. It should fall under the Illinois UCC which has a 4 year SOL. But if last payment was 9/05 that would put the SOL into next year and so you arent out of SOL limitations yet.

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You're right, it's not out of SOL either way, but since they ignored my first DV, I'm betting they can't produce any documentation at all. Plus I informed them in my second letter that there were many violations in the TL on my credit reports....so I'm hoping they would see that a countersuit would probably overshadow their claim anyway. But from everything I've seen about them, they are really lawsuit happy, so I expected to receive some bogus validation along with a summons. Illinois is also crappy in the aspect that a computer printout constitutes validation along with their bogus affidavits.

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