Ok, I talked to a lawyer today regarding my situation with a voluntary repossession that took place in 1995. He said that the SOL is 4 years for my situation. He said though that even though this isn't his area, SOL just means time to file the complaint and that if he got his complaint in before the SOL that even though I haven't been served yet, I can't say that it's past the SOL on this debt and therefore it can't be collected on. Is this true? My take on SOL is that once it's past, that's it. Like for criminal cases, you go past the SOL, a person cannot be taken to court over the issue even if there is evidence because the SOL has run out. I think that this lawyer is feeding me a bunch of "I don't know" garbage. He was nice but I have doubts about his interpretation of SOL in IL. What do you guys think?
Nope, haven't been served yet. I've been laying low... Does that still mean that if I decide to take this on, that I can't use the SOL has run out in order to get out of paying this?
Sorry Milkmom but, I think the lawyer and LKH are correct. The date the lawsuit is filed is what determines the SOL and not when you were actually served. If the repo was in 1995, the SOL would expire sometime in 1999. You need to know if the CA or creditor actually filed a suit against you in 1999.
Can I get the info by calling the courthouse? I am about 200+ miles away now. Also, what happens if they never serve me? Will they continue to hunt me down until the matter is resolved? Thanks again.
I'm sure contacting the courthouse would give you a resolution one way or the other. You really need to know one way or the other. Have you checked your credit report to see if there is a judgemment against you? Often, if someone can't be found by a process server, the creditor goes right for a judgement.
Yes, they have 3 different entries on my credit report, same account number and it says 2 I9s and an I8 with the last one being a unvoluntary repossession. I gave that darn car back, they didn't take it. But there is no judgement against me. What happens if they never serve me for court? Thanks
If there's no judgement on the credit report, I'd guess the SOL ran before they sued. However, here's something to think about and get a legal opinion. What does Il. law say about getting a judgement if the creditor can't locate the debtor? I mean, could you have been sued but, the action tabled until you're served? For example, in my state, if a defendant can't be located by the process server, the creditor can advertise a notice of intent to sue in a newspaper "with a general circulation". So, the bar association in my county got sneaky. There is a paper in a small town in the same county that publishes once a week. The bar association bought a subscription and places the paper in every libirary in the county. The State Supreme Court says that fills the requirement of "general circulation". At some point, you just have to know what is happening. I'd call the court house or, have your lawyer do a records search and find out one way or the other.
Boy those lawyers in your state sure are a tricky bunch. Well, I checked my credit report and there is no judgement from them. There is a judgement on there from a bad roommate situation that I didn't even know about. The judgement I mean. I was never served for that other one and it is listed on the old credit report so I think that a default judgement is given if the person cannot be located to be served. This really makes me happy. So I guess that I can file an answer that says it's past the SOL so no judgement can be given. Well, I guess that a good question would be, is that what I state in my answer? i can't wait to get this guy off of my back!!!
Milkmom, Are you being sued? Or, do you think a process server is trying to find you? If this is just a CA bugging you, I'd just send a C&D letter. I wouldn't mention SOL at all. I'd do nothing to remotely acknowledge the debt. I'd just say no more communication except by mail and if they sue you then, stand and defend and end it once and for all.
What is the difference between being sued and a server coming to your door? I thought that if you were being sued, then you have to be served by a process server. I am confused. A server came to my door and asked for me. I live in another state from where they filed. They are out of luck but since it has turned into a personal vendetta for both the loan officer and myself, I don't want to give him the satisfaction of knowing that he's found me. lol The guy who is searching for me called me at my house and of course I didn't respond. Same person who gave me my loan to begin with at the credit union is now playing CA. How many times has the person who gave you the loan ends up being the same one who is hunting you down 7 years later? He railroaded my rights because I didn't know any better and I am furious to this day about it. Enough of the rambling... so do you think my answer idea is good since it is the credit union after me?
OK Milkmom, I see. You have been sued. The process server is trying to notify you of that fact. I think you're about to get a little too cute with this deal. All states have a mechanism by which a plantiff may proceed if the defendant can't be personally served with the law suit. That is how you end up with a default judgement. If the SOL was up in 1999, and you miss a court date then, you'll have to get the judgement overturned before you can even raise the SOL. It sounds like by being stubborn you may be throwing away your only defense. Good luck in whatever you decide to do.
Re: Sol in Illinois garbage (long) Wouldn't they have already gotten a default judgement if they could have? It has happened in another case in the same area where I didn't even know that I was being sued. In that case, it was a bad roommate situation where they bailed out on the lease and I couldn't get anyone to take her place. The real estate co. wouldn't try to work with me at all and you know the rest. I'm not trying to be cute. I started out owning up to my responsibilities from the beginning. I gave the car back when they asked with an assurance that I could get it back once things were straightened out. I had lost my job because an ex called my job and threatened my safety and that of all who worked there. One day while out on a run, we crossed paths while he was on his way to my job and I was leaving. He and his friend chased me throughout town until I lost them. I feared that if I had stopped the car that I would have been injured by him. So when I got back to work, the manager fired me because I couldn't get this person to stop. I had insurance on the loan that should have covered it in such an instance where if I lose my job, it would be covered. I didn't think about that when I gave the car back because I was assured that I would get it back once I paid the back payments which was 2 months plus fees. It took me less that 2 weeks to get the money together and I called the loan officer and confirmed what I needed to pay and that I could indeed get the car back. He told me around $1000 and I could come in tomorrow morning to get the keys. I came in with my future husband and sat down, money in hand. He then told me that I couldn't get the car back. I asked why and he didn't answer, he just said that I needed to pay the whole loan off before I could get the car back. He humiliated me in front of everyone in that office that day and I left in tears. A few days later, I called him and told him that I had the insurance on the loan and he blew me off. He never checked it and I didn't know how to go about doing that myself since the insurance was through the CU. I hope you can see why I am so emotionally involved. I have checked me credit report and there is no judgement listed for this car loan so I can only deduct that he didn't file it before the SOL ran out. Do you still think I am in the same predicament? Yes, I would like to be done with this whole mess but since I am still involved in curing damage from when my identity was stolen and the resentment that has built up towards this loan officer, I have taken a defiant stand. If I have time to construct a defense and be done, then in time, I will deal with this. In no way do I think this is a game or a cute situation. Once again, I thank you for your imput always.
Re: Sol in Illinois garbage (long) Milkmom, If you don't respond to the summons, they may well push for a default jdgement. To use the SOL defense, you or your lawyer will have to plead it before a judge. If you don't they win by default. I just don't think a letter to the creditor is going to be any help.
Re: Sol in Illinois garbage (long) I guess I better find a lawyer to help me deal with this. Thanks for the good advice.
Re: Sol in Illinois garbage (long) I think getting a lawyer is the best idea. However, just in case, here is a good site for court docs and how to answer: http://www.nwjustice.org/docs/205.html
