You need to read the lease, if it was signed in NC, then generally NC law applies, not IL law UNLESS the lease states that IL law applied. Second, you need to check to see what you actually signed, as a member of the LLC only or as a personal guarantor. These are two things that must be established. Thus, you need to send the collector a letter saying that pursuant to the Fair Debt Collection Practices
Act you are demanding proof that the debt is yours, including a copy of the contract signed by you and proof that they have rights to collect the debt. Tell them that under NC law the debt is time barred. Also tell them that if they do not provide proof in 30 days the debt is considered invalid and you will sue them for damages under the FDCPA
for up to $1000 per violation plus attorney's fees and you will file a complaint with the Federal Trade Commission as well.
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