Legal Question in Credit and Debt Law in Illinois
statue of limitations on credit card debt
Received summons for credit card debt last paid on in 1996 is this considered an open account? Has the statue of limitations has run out for them to collect the debt?
Asked on 2/22/05, 4:34 pm
2 Answers from Attorneys
Thomas Moens
Moens Law Offices, Chartered
Re: statue of limitations on credit card debt
It would appear the creditor considers it open. Generally, the statute of limitations on written agreements is ten years.
Answered on 2/23/05, 8:28 am
Kevin Plachta
The Law Office of Kevin F. Plachta
Re: statue of limitations on credit card debt
I would also like to point out that you should not ignore the summons. If you fail to appear in court then a default judgment will be entered against you. Once that happens then the creditor can file a wage deduction, place a lien on any property you own and garnish your bank accounts.
Answered on 2/25/05, 9:31 pm