I'm in IL. I talked to an attny recommended through a friend today. I told him that I thought the SOL was 6 years and that Arrow was trying to collect on a debt that's out of the SOL. He said that it could be construed as a written contract and valid under the SOL for 10 years. I mentioned that I thought credit cards fell under open contracts and he said that it could be interpreted as a written contract due to the fine print that nobody reads (which was copied in the summons). I'm confused now. I was all sure as to what I was going to due (dispute it w/ SOL). The attny suggested that I try to settle, which Arrow already said no, and then he suggested that I reccommend to Arrow that I set up an agreement where I would pay them some, set up a payment plan and keep getting the trial pushed back so there is no judgement rendered. Anyone in IL get and SOL decision on a CC by claiming an open contract. My appearance letter is due by the 8th. Thanks in advance.
I'd get a 2nd opinion. The Truth in Lending Act specifically defines a cc as an open contract. See if a lawyer on this site is nearby. www.naca.net
What a dufus. Did this attorney practice consumer law, specifically for the consumer and not against a consumer? Are you sure you didn't talk to a collection attorney? I spoke to an attorney about a week ago and she said that there are few attorneys that practice consumer law because of its' complexity. I spoke to another attorney who told me the same thing about cc's being written contracts. I knew this was wrong, but didn't point it out because the attorney was nice enough to return my call. Be careful what kind of attorney you talk to! Do the NACA thing. Probably your best bet. Let us know how the NACA thing works out.
In Illinois, I am afraid you are up for a battle. I am in the midst of this exact issue now. Go back and do a search on my SOL posts. It will help you identify some of the laws surrounding this issue. The Illinois statute is ambiguious even to consumer lawyers. Believe me, I have spoken to several of them and done lots of hours in the legal library myself. The SOL is determined by the legalesse in the application. The key is if the application and account is considered a loan (a written promise to pay) or an assingment of account. The Illinois statute says nothing about "open account" like most state statutes do. The TILA will do you no good in this instance. 6 years does not even come into play. You probably found that on an outdated website showing SOL's for different states. The correct time limits are 5 years and 10 years. Again, do a search and I have posted the exact statute for you. The only way you have a clear cut victory on this issue w/o arguement is if it is a department store card that is specifically for purchases made at that store only (i.e. furniture store card, Sears, Gap, etc). In that case, you could argue that it a an assignment merchant account and the 4 year UCC SOL is applicable.
How did things go for you? Do you have any reccomendations or suggestions? I found your post on creditwrench and looks ( to me anyway) like that would be enough to confuse the issue enough to where you couldn't say it was written, oral or open. If TILA from the gov't says it's an open contract and IL doesn't have that in their verbage, I would assume it would fall under other (since it clearly is not a written contract). Let me know how things worked out, or are working out for you.
I do not know to whom you have been talking, however, on my website, under Illinois, I have the correct statutes AND the UCC reference DEFINITION that exempts credit cards from classification as a written contract.
I wasn't referring to any one site specifically, just that I have seen many sites that have different SOL's listed that are not correct. In this case, 6 years is not correct for Illinois. I have looked at your site and your exemption for the "written contract" verbage. Would like to have an offline discussion concerning said if you have time. Please e-mail me. Thanks
Is there any reference in the agreement as to what state laws they are using to govern the Credit Card Agreement? If so I'm wondering if maybe this would be an angle you could argue since it would be a slam dunk to prove being that they wrote it. Arrow is Cap One right?
Arrow has also collected for JCPenney (know from experience). I was told that SOL in IL is 7 years. I've also noticed things drop off my CR in that time. Go to the website previously mentioned. regards, trina
Went through the "fine print" and Citicorp is the holder for IL and I believe they are in NY. Maybe a loophole?
Ooooh a thread about Arrow... Arrow if you are reading this... let it be known that you are SO lucky for removing that account from my CR... SERIOUSLY LUCKY!!!!!
Class action vs Arrow!!!! I've got good, maybe great, news. I talked to a guy at the Consumer Advocacy Center (www.caclawyers.com) regarding the summons that Arrow sent me. He named the attny for Arrow before I even had to tell him who it was. He wanted me to fax all of my info to him ASAP. He said they just settled a class action in NY against Arrow and they were looking to start one in IL against them as well. He said" There's probably no attny in the country that knows them better than I do."
