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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6823
Experience:  Licensed attorney helping individuals and businesses.
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I have a debt collection firm that filled a original case in

Customer Question

I have a debt collection firm that filled a original case in civil court in December 2015, the case was dismissed. The statue of limitations ran out in May and I received a summons for a September court date . Are the statue of limitations already expired for this case. I'm in Illinois
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 11 months ago.

Good evening. What was the debt for?

Customer: replied 11 months ago.
Credit card
Expert:  KnowYourRights replied 11 months ago.

Thank you and allow me a moment

Expert:  KnowYourRights replied 11 months ago.

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).