SOL in Illinois

[sbrennan007]

What is the name of your state? Illinois

1) What is the SOL for credit cards is Illinois?

2) What is the best way to find out when the last payment was actually made?

3) Once a judgement has been entered for the amount, and they are proceeding with wage deductions, can you still claim SOL?

4) If so, what do you send and who do you send it to?

I am trying to help someone out with this, but the CA has already won a judgement for the amount and has indicated wage deduction proceedings.

Thank you!

 

[JETX]

"What is the SOL for credit cards is Illinois?"
*** 5 years.

"What is the best way to find out when the last payment was actually made?"
*** The best way is to look at your check history. If you don't have that, the next best way would be to have the creditor send you an account history (via 'validation' request).

"Once a judgement has been entered for the amount, and they are proceeding with wage deductions, can you still claim SOL?"
*** Generally, no. The time to assert the SOL defense is AT the trial.

"If so, what do you send and who do you send it to?"
*** See above.

 

[sbrennan007]

Her CC debt with Cap 1 hasn't had a payment made in over 5 years now (since divorce). But she has already received a judgemnet notice that they are going to start wage deductions.

Is it too late to request an account payment history at this time. She doesn't have any bank statements etc... going back this far.

Thanks again.

 

[JETX]

"Her CC debt with Cap 1 hasn't had a payment made in over 5 years now (since divorce). But she has already received a judgemnet notice that they are going to start wage deductions."
*** Since you now mention that a judgment has been rendered, FYI, the SOL on an Illinois judgment is 20 years!

"Is it too late to request an account payment history at this time. She doesn't have any bank statements etc... going back this far."
*** She can request a validation of the debt (and account) at anytime. I would suggest she do so and get a copy of the account history. Then, with that information, she would need to review the applicable DOLA (Date of Last Activity) compared to the date that the lawsuit was filed. If that time exceeds the state allowed SOL for the debt, then she may want to talk with a local attorney to see what, if anything, can be done to challenge the existing judgment.