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  #1  
Old 02-09-2005, 11:22 AM
Junior Member
 
Join Date: Feb 2005
Posts: 3
Angry

Statue of limitations on a cc debt?


What is the name of your state?What is the name of your state? Illinois

I recently received a summons regarding a cc debt. I have NO idea what this is for. I had, in the past(1991), an account with this same company but pd it off in full. Still have proof of that. It was pd in 1995. Now, after I got divorced, I received a summons in the amt. of almost 3grand. This particular acct. is a different acct.# than the one I pd. I never opened/had another acct. with them. The summons states this is an acct. from 1991 but shows a different acct #. My ex must have done this when we were still married and without my knowledge. He is the primary acct. holder and they are stating they they don't have any other info. According to their date, 1991, it has been 13yrs since this acct was opened. Hasn't the statue of limitations run out to proceed with an action? If it hasn't, why can't they supply me with info. of proof of MY sign. , when the last purchase was and why wasn't I informed about this acct. in 1995 when I pd. My acct. in full. Is that even legal? Need help. Can't defend myself without any paperwork and do I even have too? Not if the statue has run out, right?

Thanks!!
  #2  
Old 02-09-2005, 12:05 PM
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Join Date: Jan 2005
Posts: 2,336
In Illinois, the SOL is 5 years for a credit card. But, the time is counted from the date of default (usually the last payment made) not from the date the account was opened.

If the account is past the SOL, the creditor may still attempt to collect. They can even sue you. But, if they sue you, you can raise the SOL as a defense to the suit.

Don't ignore the summons. If you do, the creditor will obtain a default judgment and then you really have a problem.

Unless you are comfortable representing yourself in court and can draft and file the response and requests for interrogoraties, you may need some legal help on this one. That is the only way you are going to force the creditor to prove you owe the money.

How much money are we talking about?
  #3  
Old 02-10-2005, 06:05 AM
Junior Member
 
Join Date: Feb 2005
Posts: 3

Statue of limitations on cc debt


Thanks for the info. They are suing for close to $3000.00 How can they win if the SOL has run out and I AM NOT the primary holder? I wasn't even aware of this account. Isn't that fraud? However, I was married at the time but that doesn't give a person the right to sign your name, right?
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