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YYaWannaNO

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Being sued by Portfolio Recovery
Hi hope someone can help. I'm being sued over a credit card debt that I suspect is out of the statue of limitations in Illinois. Suspect this because it's no longer on my credit report. Since the credit card in question is no longer on my report, how do I go about defending myself in court?

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I am sorry, but I am afraid that I may have some bad news. The "statute of limitations" in Illinois for credit card debt is 10 years. Now, if for some reason the credit card was obtained without a written contract the "sol" would be 5 years in your state. I would suspect that this would be the case as typically you agree to a list of terms miles long when you open a credit card account. Since the debt collector is still listed on your reports I am guessing that the debt may be less than 7 years old, unless they are illegally reporting the account. The credit reporting time period is the same (7years) for all states for unpaid credit card debt. The one thing that may help you here is the FDCPA (fair debt collection practices act). Do some reading on this and see if they have been violating it. Contact an FDCPA attorney immediately if you think they have violated it. If they have you may have leverage to get them to drop the lawsuit against you. If the lawsuit continues, make sure that you show up to court, if not, you will automatically lose. Prior to court, you may want to move money out of your bank accounts if you cannot afford to lose the money. If you can't find any violations of the FDCPA, you may be best to try to pay this now and stop the lawsuit so you don't get a judgement added to your reports and wages garnished, bank accounts taken, etc.

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I meant "would not be the case" of having a non written agreement. Sorry for the error.

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YYaWannaNO

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Thanks for your reply.  Now if this is the case, I can assume that Portfolio has a copy of the written contract?  I'm asking because it was not attached to the affidavit that was attached to my summons. My main concern is that if I agree to pay any amount and this account is in fact past the SOL I don't want to restart the clock. 

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YYaWannaNO

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Nevermind, looks like I answered my own question!  Google is my friend!  :p

Well, this thing wont let me Paste but it essentially says that if the Plaintiff can't supply the original agreement, the SOL is 5 years.

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You can get really prepared by gettinig copies of all three credit reports and looking up the Statute of Limitations on collections for your state.  Then, appear in court with this information.  If you have not received a court date, then send copies of this information to Portfolio Recovery via certified, return receipt requested mail and, if the information shows the expiration of the SOL, include a cease and desist letter demanding cessation of all collection activity.   

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YYaWannaNO

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Thanks!  I did receive my court date and will apear with my credit report.  But if the ORGINAL debt isn't on my report, is there anything I can do?  Portfolio is on my report however.

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I hope you've checked all three credit reports. It should show the original creditor as well as Portfolioi Recovery, the date of first delinquency (which is the date the SOL begins)  and contact information.  You can get all three reports from annualcreditreport.com.  That you show up at court will be in your favor because most people don't and the collection agency gets a default judgement.. 

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