blackhawk1

SOL on time barred debt in Illinois

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I had DV'd Midland :evil: for an account they claim I owe to them. This is for an old credit card account. After 3 months, they sent me copies of old statements that looks like they were the last 3 statements sent by the original creditor. The last statement indicated that the account was being charged off. The charge off date on that statement is 06/2003. The DOLP on my credit reports is 11/2002. I believe the SOL in IL is 5 years for CC debt. I was wondering if I should send Midland a cease communication letter telling them that this debt is time barred and to no longer contact me, or should I just not worry about it and use the SOL defense if they decided to try to sue me in court. Thanks!

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SOL in IL for a bank credit card is 10 years.

You have obviously read some internet myth that a credit card is an open account and thus subject to a shorter SOL. Commonly, the source of this misunderstanding is the Federal Truth In Lending law. TIL makes reference to an open-end account and cites a credit card as an example.

Unfortunately, open-end accounts and open accounts are not the same thing. Admittedly, the terminology is confusing.

Credit cards are always open-end accounts but seldom open accounts.

A store charge card is generally an open account. A bank credit card is a written agreement.

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Midland is a pita these migt help. They also for whatever reason do not like BBB complaints to the San Deigo office. They do answer.

When I used the email they acted on the report but didn't communicate with me.

Hope these help you!

carl.gregory@encorecapitalgroup.com,

barry.barkley@encorecapitalgroup.com,

brandon.black@encorecapitalgroup.com,

george.brooker@encorecapitalgroup.com,

alison.james@encorecapitalgroup.com,

robin.pruitt@encorecapitalgroup.com,

john.treiman@encorecapitalgroup.com,

Rita.Melconian@MCMCG.COM, Brian.Frary@MCMCG.COM

CC: michelle.lusk@encorecapitalgroup.com,

michelle.lusk@mcmcg.com

Blessings

Moriah

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