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For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Question: In a small claims court, can I be sued for a credit card debt, if the Statue of Limitations has expired?
Answer: Anyone can file a lawsuit. If the statute of limitations has expired you have a defense. However, you need to appear and assert it. In Illinois, most credit cards have a five year statute. This is measured from default or last payment, whichever is later.
If the debt was for personal, family or household purposes, as opposed to business purposes, the filing of a time-barred lawsuit violates the Fair Debt Collection Practices Act.