Legal Question in Credit and Debt Law in Illinois

i need to know what are the laws are for company or bill collector collect to collect on a debt... peoples gas has billed me for a 15yr. old debt & according to the ILLINOIS STATUE OF LIMITATIONS law this debt is past 10yrs old to collect. and yet accordind to the FEDERAL TRADE COMMISSION laws this too is a time-barred debt that can not be collected on!!! i've tried to get my money back from peoples gas but they state its a legit debt!!! I've gone thru the ILLINOIS ATTORNEY OFFICE & ILLINOIS COMMERCE COMMISSION and BOTH has let me down as to answering my simple question... I want to know can peoples gas do the gross injustice, break the law and get away with? do i have a leg to stand on? if so, i need to know can i sue then for the puntitve damages to the max for them breaking the laws that govern??? someone please help me!!!!! i have all my paperwork on this matter!!


Asked on 3/16/10, 4:22 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If a judgment was obtained against you, it is enforceable, if it has been revived, for 20 years. The FTC knows nothing about Illinois state law. If you believe the judgment is improper your only avenue of approach is to seek a vacation of the judgment. The ICC and the AG will not do anything as the matter is a court matter, EVEN IF YOU PUT IT IN CAPS.

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Answered on 3/21/10, 5:13 pm
Thomas Moens Moens Law Offices, Chartered

A statute of limitations only prohibits the bringing of a lawsuit after the limitation period has expired. It does not mean they have to give you your money back if you paid it. For example, I loaned you money 11 years ago and we had a written agreement. Statute of limitations is 10 years, which means I can no longer sue you. But, if I send you a letter demanding my money, and you pay me, I do not have to give it back to you when you later find out that I can no longer sue you. And along with Mr. Shimberg's CAPS comment, the excess punctuation will not help you either!!!!!!

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Answered on 3/22/10, 12:12 pm


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