Legal Question in Consumer Law in Illinois

Final billing Liability

I recieved a final bill,in Sept 2001, from a company I had recieved services from. Problem is, I recieved my final bill in April of 2000. No other contact was made to me during this time. My records show I paid this bill to them in full. I sent the company a letter explaining I paid the bill and that their records may be in error. I also expresses the dis-satisfaction in their contact time. Are their any laws to protect consumers like myself from being billed for services after a period of time has gone by?

Thank you.

P.S. They also sent a complete billing history to me from there records which indicates the dates stated.


Asked on 11/25/01, 9:52 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Final billing Liability

There is no statute of limitations (that I'm aware of)that would apply to these kinds of civil claims. Your best protection against this type of

erroneous claim is your cancelled check or other

proof of payment, accompanied by a vigorous warning to the errant firm that if the amount in

dispute is reported as a bad debt that you will

pursue appropriate legal action against them.

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Answered on 11/26/01, 12:36 am
Alexander Rozman Rozman Law Practice

Re: Final billing Liability

The main question is whether you really owe the money? If they sent a final bill in error you could argue the defense of accord and satisfaction. Furthermore, if the bill came after a long period later you could argue the defense of laches although this defense is more applicable to bills received several years later. If you owe the money relying on technical defenses is specualtive at best- it's better to negotiate a settlement.

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Answered on 11/26/01, 12:47 pm


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