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  #1  
Old 05-19-2005, 06:38 PM
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Join Date: May 2005
Posts: 1
Unhappy

very old debt so they say


What is the name of your state?illinois got a letter in the mail yesterday from a
collections agency saying that i had an outstanding bill with a jewelry company that i used 16 years ago and bought a ring from them i thought that i paid the bill off but have no way to show that i did because it was so long ago i have never gotten anything from this jewelry company since i bought the ring . now 16 years later i am getting letters from the collections agency
i have had credit cards in my name in years past. never gotten anything from this jewelry company just this collection place im really upset because it has been so long i wouldn't have any kind of paper work or old check beacuse i never had a checking account until about 5 or 6 years ago so if you could
tell me how i should handle this the letter they sent i sent back and told them to send me all the information they back to me the said i owed them 3500.00 or i go make a one time payment of 1551.00 in 10 days and that can't happen thank you for your time look forward to here from your
  #2  
Old 05-19-2005, 09:30 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
The statute of limitations for legal action to enforce collection of a debt in IL is 5 years if it was a credit card, 10 if it was a written contract.

Either way, the SOL has expired. All you need to do is write this collection agency a cease and desist letter telling them to never contact you about the alleged debt again as it is time-barred per IL statute.

You can use this letter - the statutes you need for it are on the same site:
[url]http://whychat.5u.com/nottoca.html[/url]

The CA is hoping you will fork over some money for this dinosaur account, but you can safely tell them to go take a flying leap.
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 05-20-2005, 09:08 AM
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Join Date: May 2005
Posts: 1
I just had a similiar situation in Texas which has a 10 yr SOL. My present wife of 5 yrs had an outstanding debt for $733.00 on a car loan dated in 1972 and after 33 yrs a "Writ of Garnishment" was placed on every account I had that had my wife's SS for $13,733. After research by me and my attorney, this old judgement had been executed every 10 yrs and the Garnishment was legal. I ended up paying $2500 to settle.
  #4  
Old 05-20-2005, 07:29 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Well, the SOL in TX is 4 years, however, a JUDGMENT can hang around for decades - big difference.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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