Question: Can I still be sued for a 9 year old debt? I have a creditor saying I need to contact an attorney due to lawsuit filed. The debt is 9 years old.
Answer:
- The most commonly applicable statutes of limitation in Illinois are 10 years for a contract wholly in writing, such as a promissory note to a bank, 5 years for a contract not wholly in writing, such as a credit card, and 4 years for a retail installment contract or other contract for the sale or lease of goods (such as a car, furniture).
- If you are being sued you need to appear and defend. Anyone can sue you, even if you have a complete defense. Do not default.
- Filing a time barred lawsuit is a violation of the Fair Debt Collection Practices Act if a consumer debt and a “debt collector” (collection agency, collection lawyer, debt buyer) is involved. Also, a debt collector may have to disclose that a debt they are trying to collect is time barred.
We can help you both defend claims against you and assert your rights under the Fair Debt Collection Practices Act and other laws.