Legal Question in Credit and Debt Law in Illinois

Ok...so I have a few questions. I will start with the explanation first.

I signed for a car, in Illinois, for a girl I was dating back in 2003, The car was repossessed in 2004 after she failed to pay for it. There is still an approximate 8000 dollar balance on the collection. I have not made a payment on the collection since and have yet to be taken to court.

There is no signed agreement between her and I that she would assume the debt, however, there are plenty of email/message exchanges that have taken place since the end of our relationship in 2007 that do prove the car was indeed hers, and in some statements, she had agreed to pay on the car to the creditor.

My ultimate issue at hand is this. I would love to have her somewhat accountable for the debt, if not in full. Whether it is paid to me, paid to the original creditor, or to the collection agency that bought the defaulted contract. However, if I start making payments or they receive payments on it from her it starts the 10 year statue of limitations over.

1. Do I have a winnable case? Do email/message exchanges hold up in court?

2. Is the amount small enough to take to small claims?

3. Do I have to take it the claim to the state where the original contract for the vehicle was signed

4. If I win the case, and she is only ordered to pay the original creditor, or collection agency, can I get the debt transferred out of my name and into hers? So it's no longer on my credit report.


Asked on 7/29/10, 10:35 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

With nearly every every case, there is a possibility you will win, and a possibility you will lose. This one is no different. Email might be admissible, especially since the answer to question two is yes, the small claims limit is $10,000. Whether email will be admissible depends on the Judge. You will probably need to file your lawsuit in the county in which the defendant resides. If you sue her and win, the judgment will be in favor of you, not the original creditor or the collection agency.

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Answered on 8/05/10, 6:32 am


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