Clarification of SOL for illinois

[Frank]

I have read a few posts which seem to contradict each other. What is the SOL for credit card accounts in Illinois???

Thanks in advance!!!

[NASCAR_Devil]

I have read a few posts which seem to contradict each other. What is the SOL for credit card accounts in Illinois???

Thanks in advance!!!

Should be 10 years for written contract.

[HobbesMG]

Should be 10 years for written contract.

Except they have to prove it is a written contract and that is tough to do in IL. IL is very strict on the definition of written contract. if you cannot get ALL info from the "contract", ie all parties involved, all terms, etc, it is partially written partially oral and considered non-written for SOL, 5 years.

If they can prove it is written, then it is 10 years.

[Methuss]

Except they have to prove it is a written contract and that is tough to do in IL. IL is very strict on the definition of written contract. if you cannot get ALL info from the "contract", ie all parties involved, all terms, etc, it is partially written partially oral and considered non-written for SOL, 5 years.

If they can prove it is written, then it is 10 years.

Correct. Been there. Done that. Stomped Asset.

[spunk999]

I am a little unclear on the advantage of SOL passing on a debt when it comes to reporting to CRA or collection efforts. I get offers and mail from CA all the time that are past the SOL and on top of that, they inquire my credit report and they report to CRA - what are my options to stop that?

[NASCAR_Devil]

I am a little unclear on the advantage of SOL passing on a debt when it comes to reporting to CRA or collection efforts. I get offers and mail from CA all the time that are past the SOL and on top of that, they inquire my credit report and they report to CRA - what are my options to stop that?

Since you live in WI, read up on the Statute of Repose:

893.05

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.

Once the SOL has expired, then the debt itself is extinguished. Reporting period on your CR's is still 7.5 years but any creditor that is pulling INQ's on your report after SOL has expired would not have permissable purpose.

[blackhawk1]

Some more info on IL Statute of Limitations being considered as written contract or open account:

“The test for whether a contract is written under the statute of limitations in Illinois is not whether the contract meets the requirements of the Statute of Frauds, but whether all essential terms of the contract, including the identity of the parties, are in writing and can be ascertained from the written instrument itself.” Brown v.

Goodman, supra, 147 Ill. App. 3d at 940-41 (emphasis added).

If any essential element of the contract is omitted from the writing, “‘then the contract must be treated as oral for purposes of the statute of limitations.’” Armstrong v. Guigler, 174 Ill. 2d 281, 288, 673 N.E.2d 290, 295 (1996); accord, Toth v. Mansell, 207 Ill. App. 3d 665, 669, 566 N.E.2d 730, 733 (1st Dist. 1990); Schmidt v. Niedert,

45 Ill. App. 3d 9, 13, 358 N.E.2d 1305 (1st Dist. 1976).

“Illinois courts give a strict interpretation to the meaning of a written contract within the statute of limitations. For statute of limitation purposes, a contract is considered to be written if all the essential terms of the contract are in writing and are ascertainable from the instrument itself.” Brown, 147 Ill. App. 3d at 939. If the agreement

necessitates resort to parol testimony to make it complete, the law is that in applying the statute of limitations, it must be treated as an oral contract. Toth, 207 Ill. App. 3d at 671.

“The law is clear in Illinois that to constitute a written contract under the statute of limitations, the written instrument itself must completely identify the parties to the contract.” Brown, 147 Ill. App. 3d at 940 (emphasis added); accord, Railway Passenger & Freight Conductors’ Mutual Aid & Benefit Association v. Loomis, 142 Ill.

560, 32 N.E. 424 (1892); Munsterman, 106 Ill. App. 3d at 238-39; Pratl v. Hawthorn-Mellody Farms Dairy, Inc., 53 Ill. App. 3d 344, 347, 368 N.E.2d 767, 770 (1st Dist. 1977); Matzer v. Florsheim Shoe Co., 132 Ill. App. 2d 470, 472, 270 N.E.2d 75 (1st Dist. 1971); Wielander v. Henich, 64 Ill. App. 2d 228, 231-32, 211 N.E.2d 775, 776 (1st Dist. 1965).

“The issue is not whether the identity of [the parties] can be readily ascertainable from subsequent writings, the issue is whether the identity of [the parties] can be readily ascertained” from the alleged written contract “so as to avoid the resort to parol evidence.” Brown, 147 Ill. App. 3d at 940.

If testimony is necessary to establish any of these elements, the contract is treated as oral, and subject to the five-year statute. Wielander v. Henich, 64 Ill.App.2d 228, 231, 211 N.E.2d 775, 776 (1st Dist. 1965); Armstrong, 174 Ill. 2d at 288.

In the parol evidence cases, the dispositive question is whether evidence of oral representation is necessary to establish the existence of a written contract. If such evidence is required, then the contract is treated as

oral for purposes of the statute of limitations. In other words, where a party is claiming a breach of written contract, but the existence of that contract or one of its essential terms must be proven by parol

evidence, the contract is deemed oral and the five-year statute of limitation applies.

You can read full document here:

www.edcombs.com/CM/Custom/collectiondefense07.pdf

[spunk999]

I used to live in IL and now in WI. If the debt was incurred while I was in IL, which state's law would apply, IL or WI? If there is a violation there, would be be of FCRA or WI Statute of Repose state law? Does sending a letter of settlement constitute as collection activity that would put the CA in violation? And what would it be in violation of, FRCA or state law, based on the Statute of Repose posted? Sorry for all the questions!