Legal Question in Credit and Debt Law in Illinois

Statute of Limitations defense in Debt Litigation

I am being sued by a creditor - I asked the Judge about the Statute of Limitations - he held the case over for trial. I received the Credit Card in 2002 but just defaulted about 1 year ago. When does the SOL start - am I in trouble for asking for the SOL breach defense if it is not applicable. I am ''judgement proof'' (on SSDI with no assets.) Should I call plaintiffs attorney with judgement proof info and not go to trial?


Asked on 7/16/06, 5:16 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Statute of Limitations defense in Debt Litigation

The SOL starts to run after your last payment. So in your case SOL has not run yet. Although you say you are judgment proof the creditor is probably still going to want to have a judgment entered against you and therefore is going to want a trial or an agreed judgment.

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Answered on 7/17/06, 7:53 pm


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