Daniel John Spilotro's Answers

Does the state of IL have a statute of limitations for creditor being able to collect on a payday loan

Your question lacks many details to fully answer it but the statute of limitations in Illinois on an oral agreement is five years and a written agreement is ten years.

Is there a statue of limitations for credit card debt collection? Debt 9 years old served with a summons and complaint.

There is a statute of limitations applicable and you should consult with an attorney to determine if it has been violated. I would also suggest that you research the FDCPA do determine if there is a violation in collecting the debt. This information is for educational purposes only. There is no attorney client relationship.

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Old credit card debt

First, you should find out if discovery is allowed. In small cases, many times it is not. This may allow you to strike the request. If not, you may raise objections to the interrogatories and request for production as the relevancy of the request. You may also issue your own discovery. If you do, since the account has probably been sold 4-5 times, you may wish to request copies of the actual statement and charge slips evidencing the debt, terms of the credit card agreement, interest rate, etc....

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More about request for admission interragatories and production of documents

The usual response is to either admit, deny or set forth the reason why you cannot admit or deny. You may also object on the basis of privilege, relevancy or that it is wholly improper. If you object then the party making the request must ask the court to overrule your objection and set forth a basis for it. As for sending your own requests, all parties are entitled to issue requests to admit.

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Can a Collection Agency continue to collect on a debt while a sailor is in Iraq on active duty?

This information is for educational purposes since I am not licensed to practice in your state. Contact your court house to discuss a stay of the action while the sailor is out of the country. There is no attorney client relationship created by this post.

DO I NEED AN ATTORNEY FOR COLLECTION OF A DEBT?

If you fail to respond to the summons it is most likely that a judgment will be entered against you. You have not provided much information as to your earnings ability and present income so it is difficult to determine how this creditor would collect a judgment against you if you have no assets to satisfy it. Check with the courthouse to see if they have a legal aid desk to assist you. Otherwise, put together your documents showing that you have nothing and send them to the creditors attorney....

CAN A DEBT COLLECTOR PUT A JUDGEMENT ON AN ASSET ON A 12 YEAR OLD DEBT.

You need to establish what the statue of limitations is for the agreement they claim you are responsible for the debt. Look up written or oral contract and the state you which covers the agreement. You should also consider contacting a attorney familiar with the Fair Debt Collection Practices Act to see if there may be a violation on this debt since it is so old.