what is the stat of lim for credit card debt in IL

[McG7078]

I am located in IL and wanted to know what the statute of limitations on credit card debt is. I was served with a summons. The last payment I made to the credit card was March 2000. If the statute is 5 years, what can I print out and bring with me to prove my case?

[moburkes]

I used google and found this information:

Illinois Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.

Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

Domestic judgments: 20 years, but can be renewed during that 20-year period.

Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

[fatlard]

Unfortunately, it is not as clear cut as it seems in IL

Harris v. McCray (21 Ill.App.3d 605) sets a precedent for credit cards distinguishing the different between cards from department stores and credit cards from a Mastercard, Vista, etc.

Store Credit Cards since they are a two party transaction created a 5 year SOL

Regular credit card is a tri-party agreement and from that case is a 10 year SOL


On a bright note, there have been reported success of people being able to get dismissals using 5 years sol with credit cards. Please get as much information as you can before you proceed. Anticipate all the questions and above all practice your defense.