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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33702
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a court date collection from a debt back from 2006.

Customer Question

I have a court date for debt collection from a debt back from 2006. My question is .. are there any type of time stipulations on old debt being motioned on ?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Were you ever sued for a judgment for the debt?

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Or is that what is happening now?

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thanks

Barrister

Customer: replied 6 months ago.
There is a court case number.. cook county case num 06 ml 158236. There is motions that have been filed on this case. This is the first im hearing about it ..
Expert:  Barrister replied 6 months ago.

Ok then with an 06 case number, it sounds like they might have sued you and gotten a default judgment if you never heard about this prior to now.

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If it was a 16 case number, then they would just be suing you now.

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So assuming this is an old judgment, they have 20 years in IL to try and collect on it.

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However, if you never were summoned to court on the original case, you could fight it and file a motion to vacate any default judgment due to lack of service. You have a legal right to notice of any lawsuit and if you were never notified, you never had an opportunity to appear and defend, so that is a violation of your procedural due process rights.

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But this would require you to hire an attorney to file the motion and argue that the judgment should be thrown out and it might not be financially practical to pay an attorney several thousand if the judgment is not very big.

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thanks

Barrister

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