Being in debt is stressful. Getting a notice that you’re being sued for debt takes the situation from stressful to scary.
You’ll have a hundred questions, but the most important is: How can I protect myself? The good news is that in the US, laws can help protect you the best they can.
In this guide, we’ll explore the Illinois statute of limitations for debt and provide the information you need to determine if your debt is past the statute of limitations.
What Does “Statute Of Limitations” Mean?
First, a quick definition. “Statute of limitations” sounds scary legalese, but the meaning is simple. It’s a law that limits when and why creditors can sue you for a debt.
These laws protect consumers from aggressive collectors, especially when they can’t afford to pay a debt.
The Illinois Statute of Limitations for Debt is five years. If you haven’t paid in 5 years, you can no longer be sued for your debt.
This is why creditors can insist that you set up payments, no matter how small. Every time you make a payment, there’s a reset process of the clock on the statute of limitations.
What To Do If A Creditor Breaks The Statute Of Limitations On Your Debt?
Ok, so you’ve received that all-important, terrifying legal notice. Your first step is to ensure you’ve reached the Statute of Limitations on your Illinois Debt. Call up the office and ask them two questions about your debt.
First, ask if the debt is time-barred. By Illinois law, they must answer this question honestly or not. Should they refuse to answer the question, ask them what the date of the last payment is. It will let you do the math to determine if you have a case.
Again, the most crucial thing when calling about a notice you receive is leaving it alone. Don’t make a promise to pay, make a payment, or give them any kind of bank account or card information.
Remember, as soon as you pay, the debt is acknowledged, and they can sue you for it easily.
Once you figure out whether you have a case, you’ll need to contact a lawyer to help you defend the case in court. You have two main options when you talk about hiring a lawyer and you can hire a private lawyer or seek out local legal aid.
Private lawyers can be more expensive, which might lead you to look for local legal aid. However, it’s important to remember that local support is often overwhelmed, and it can lead to longer wait times and struggles to book appointments and court dates.
You might also end up with a lawyer who isn’t an expert in dealing with debts.
When seeking legal help, knowing your options and having all of the data you’ve collected ready is essential. This helps things move much more smoothly in the long run.
What Happens After The Statute Of Limitations Is Reached?
Your five years are up, and you’ve succeeded in your court case. Now, what happens? You can’t be sued for the debt anymore, but the company can still contact you. You still owe the debt; you just can’t be sued for it anymore.
It means that debt collectors may still call you or send mail asking you to make payments. Remember, if you make a payment, you’re acknowledging the debt. It resumes the clock on the Statute of Limitations, and they can sue you for the total amount.
Debts that have cleared the Statute of Limitations in Illinois can impact your credit score. It means that you may need help when applying for loans and credit cards in the future. Should you want to pay off the debt in full, be careful.
Companies may add extra interest or fees on a debt past five years, so looking for some help is worth it. You can call the company and confirm the amount you need to erase the debt. Many companies will let you haggle debts, so be prepared to defend the original amount of the debt.
Once you’ve confirmed the amount, the company requires you to forgive the debt and ask for a written, signed statement containing the amount. It keeps you safe from companies “changing their minds” and requesting more money.
Statute Of Limitations For Illinois Debt
While working for financial security, it’s essential to know your rights. Often, companies try to take advantage of the fact that most people don’t know their rights. It makes having a game plan an essential weapon in a consumer’s arsenal. Once you know your rights, you’ll be ready to contact your local legal counsel and move forward.
Even with a game plan, dealing with creditors is scary. While dealing with debt, you can always reach out to our partners at Accredited Debt Relief. They have experts who can help you at every single step of your journey that imprints financial freedom.
Millions of Americans have some form of debt. No matter how scary debt collection can feel, you’re never alone and never out of options. There will always be people ready to help you learn and conquer any debt problem you might be facing.
Pick Your Next Read: What Is The Statute Of Limitations On Debt In North Carolina?
Conclusion
Don’t let debt keep you up at night – know your rights! By understanding the Illinois statute of limitations for debt, you can take control of your financial situation and make informed decisions.
Remember, time is on your side, and with some knowledge and planning, you can tackle your debt and get on the path to financial freedom.
FAQs
In Illinois, most types of debt have a statute of limitations of 10 years. After that period has passed, the debt is considered uncollectible.
Technically, a debt can still be collected after seven years in Illinois, as the statute of limitations is ten years. However, after seven years, the debt may be harder to manage due to the time that has passed and the possibility of the debt being time-barred.
Zombie debt refers to old debts no longer legally enforceable, but collectors still try to collect on them. In Illinois, the statute of limitations on zombie debt is the same as for other types of debt – 10 years. After that period has passed, the debt is considered uncollectible. It’s important to note that zombie debt collectors may still try to collect on the debt, but you are not legally obligated to pay it.
