Consumer Protection Law
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Good evening. What was the debt for?
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If the statute of limitations ran, based upon 5 years passing, a motion to dismiss WITH prejudice could be filed, as a defense, to prevent the plaintiff from collecting. Now, they may try and argue that the statute of limitations on a written contract is 10 years, but the Judge will have the final say and decide. The Appellate Court of Illinois, First District, recently held that a credit card agreement was an unwritten contract subject to Illinois’ five-year statute of limitations, rather than its 10-year statute of limitations. Portfolio Acquisitions, L.L.C. v. Feltman, No. 1-07-3004, 2009 WL(###) ###-#### at *8 (Ill. App. Ct. May 20, 2009).