What is the name of your state? Illinois
The OP of the thread below wrote of a way to change the the statues of limitations of credit card of 10 years to 5years based on the wording of the complaint using "Account Stated". He has information on how to do that on the post below. How do I access the court documents he referenced below? Furthermore, can anyone explain a little deeper how this defense holds up since I am in the same situation
https://forum.freeadvice.com/showthread.php?t=346705
In Illinois,credit card s.o.l.IS 10 YEARS PERIOD!Harris Trust and Savings Bank v Loncie D.McCray. 21 Ill.App.3d 605.July 24,1974.It's 10 years with full explanation.This case sets precedent PERIOD.Don't even try to fight on 5-years.YOU WILL LOSE PERIOD.
Follow closely as this IS how it works and the only way to win on the 5-year S.O.L.
The sol clock starts no less than 5-years from your last payment or charge.Repeat-Must be more than 5-years from your last activity and you should be able to prove it if asked.A good source is your credit report.
The complaint must show the DATE it was filed and it must be more than 5-years from your last activity PERIOD.
You MUST file an appearance.Whatever it cost...FILE or you will lose.
DO NOT file an answer.It is NOTrequired in small claims PERIOD.If you do, you will have to fight harder.
Now,this is the catch phrase in the complaint that makes it 5 years PERIOD.
"There is an "ACCOUNT STATED " in the amount of $xxxx.xx."ACCOUNT STATED".This is the catch phrase PERIOD.You are NO LONGER being sued on a credit card debt or a written contract PERIOD.
You must find the following cases,copy them and present them to the judge.
You will get fierce resistance from the lawyer and maybe even the judge.INSIST the judge read it then ask the case to be dismissed in your favor basedon the 5-year sol.THIS IS THE ONLY WAY YOU WILL WIN.
Don't be bullied by the attorney.Stick to your story and admit nothing about the amount of the debt.You don't know if the amount is correct.
53 Ill App.3d 935,940 (1st dist.1980):97 Ill.App.3d 327,330 (1st dist);207 ILL.App.3d at 673There are many more that will help.So will the right lawyer.Remember the catch phrase "ACCOUNT STATED".That is the secret.
Good luck.
The OP of the thread below wrote of a way to change the the statues of limitations of credit card of 10 years to 5years based on the wording of the complaint using "Account Stated". He has information on how to do that on the post below. How do I access the court documents he referenced below? Furthermore, can anyone explain a little deeper how this defense holds up since I am in the same situation
https://forum.freeadvice.com/showthread.php?t=346705
In Illinois,credit card s.o.l.IS 10 YEARS PERIOD!Harris Trust and Savings Bank v Loncie D.McCray. 21 Ill.App.3d 605.July 24,1974.It's 10 years with full explanation.This case sets precedent PERIOD.Don't even try to fight on 5-years.YOU WILL LOSE PERIOD.
Follow closely as this IS how it works and the only way to win on the 5-year S.O.L.
The sol clock starts no less than 5-years from your last payment or charge.Repeat-Must be more than 5-years from your last activity and you should be able to prove it if asked.A good source is your credit report.
The complaint must show the DATE it was filed and it must be more than 5-years from your last activity PERIOD.
You MUST file an appearance.Whatever it cost...FILE or you will lose.
DO NOT file an answer.It is NOTrequired in small claims PERIOD.If you do, you will have to fight harder.
Now,this is the catch phrase in the complaint that makes it 5 years PERIOD.
"There is an "ACCOUNT STATED " in the amount of $xxxx.xx."ACCOUNT STATED".This is the catch phrase PERIOD.You are NO LONGER being sued on a credit card debt or a written contract PERIOD.
You must find the following cases,copy them and present them to the judge.
You will get fierce resistance from the lawyer and maybe even the judge.INSIST the judge read it then ask the case to be dismissed in your favor basedon the 5-year sol.THIS IS THE ONLY WAY YOU WILL WIN.
Don't be bullied by the attorney.Stick to your story and admit nothing about the amount of the debt.You don't know if the amount is correct.
53 Ill App.3d 935,940 (1st dist.1980):97 Ill.App.3d 327,330 (1st dist);207 ILL.App.3d at 673There are many more that will help.So will the right lawyer.Remember the catch phrase "ACCOUNT STATED".That is the secret.
Good luck.