I'm sorry, but in another thread I stated the SOL for IL was 6 years for all contracts. I went to another source that says it is 10 years for written contracts. Please can anyone verify what the SOL for IL is? I'm very sorry milkmom, but I'm sure this would change your stategy...
That's ok. I just hope that you are wrong about it being 10 years!!! haha Anyway, I refuse to deal with this guy because he lied to me and tricked me out of my rights when I didn't know any better. And then I know for sure that unemployment insurance for that loan and when I told him, he brushed me off. I don't care if it takes 20 years. It's personal now.....
According to this source, the SOLs in Illinois are as follows: STATUTE OF LIMITATIONS (IN YEARS) * Sales (UCC): 4 * Open Acct.: 5 * Written Contract: 10 * Domestic Judgment: 20 * Foreign Judgment: Same as foreign jurisdiction Source: http://www.olddebts.com/state_list.html I'm not sure what the differences are between "Sales (UCC)" and "Open Acct." and "Written Contract". What about a sales contract? How about an open account based upon retail sales? Even with this information, I think it may be best to ask a lawyer. Maybe someone who does understand all of this will post or direct you to a clearer web page. Doc
The SOL for credit cards or contracts has NO bearing on a suit to recover a deficiency from a repossessed car. In Illinois, the statute of limitations to sue for a deficiency is 6 MONTHS after repossession. The folowing site has all the help you need. http://www.law.siu.edu/selfhelp/info/auto/lol_carrepo.htm
Milkmon, just received email from my attorney. Without rehasing your email, I wrote to him detailing your car repo problem. He stated that it's 10 years. I think someone else also post that fact. You may have to seek an attorney to get a clearer picture of your options. Best regards, Mirage
Wow!! This is bad news. I have no idea what to do. Like I said, it is an ugly situation because I know that I had the insurance on the loan but I have no way to prove it. I don't want to give the guy the upper hand because he flat out lied to me about getting the car back no to mention embarassing me in public. Any suggestions for a Plan B?
I read that pade but I couldn't find the part about the 6 months after reposession. If this is true, I need to file a restraining order. Hee hee hee.
I know I keep replying to myself alot...... Hee hee hee I just came across an important tidbit from the link that "Why Chat" posted and that is the part about my having to sign something giving the bank authority to change the title or something like that. They didn't do any of that. The only thing that they did was to send me a bill saying we sold your car and you still owe XXXX. That was it. So according to the stuff listed at http://www.law.siu.edu/selfhelp/info/auto/packets.htm in the packet 2. So does this mean that they cannot come after me for the deficiency amount when they hadn't given me the proper paperwork according to the law? Also, they forged my signature because I didn't sign anything in regards to the transferring of the title. Mental note: stop talking to myself all the time. Must talk with others.... lol
I saw the 6 months somewhere-now I can't find it !! However, THIS site says 4 years and gives more info on the illegality of your repo. http://www.illinoislegalaid.org/Training/Hotline/02ConsumerLaw/Contracts--REPOSSESSION.html
This is really good. Thank you. Now, I think that I want to talk to legal counsel about suing them so they can finally leave me alone.
