The link is to a lawsuit that was posted on a debt collectors site. The OP in that thread is one of the good guys. He's a consumer rights attorney known to many on other sites as. " Uncle Normie".
Anyway, the class action is interesting but what I copied and pasted is the caselaw cites that, require a creditor to attach a copy of the contract to the complaint if, they wish to claim the account is written as, opposed to open.
BACKGROUND
Ramirez alleges Palisades violated the FDCPA by suing Illinois debtors on time-barred debts. In Illinois, a plaintiff has 10 years to sue for violation of a written contract and five years to sue for violation of an unwritten contract. [FN1] 735 ILCS 5/13-206 ; 735 ILCS 5/13-205 . A plaintiff suing for violation of a written contract must attach that contract to its complaint; if it does not, the contract is considered unwritten. 735 ILCS 5/2-606 ; Barnes v. Peoples Gas Light and Coke Co., 103 Ill.App.2d 425, 428, 243 N.E.2d 855, 857 (Ill.App.Ct.1968) ; O.K. Elec. Co. v. Fernandes, 111 Ill.App.3d 466, 67 Ill.Dec. 225, 444 N.E.2d 264, 267 (Ill.App.Ct.1982) . Ramirez alleges that, on November 20, 2006, Palisades sued her to collect credit card debt it had purchased from Household Bank. She claims Palisades failed to attach a copy of the contract to its complaint, rendering the collection action subject to the five-year limitations period for unwritten contracts. She argues the collection case was time-barred because the charge-off date and date of last payment for her account occurred more than five years earlier. Palisades voluntarily dismissed its suit against Ramirez on April 10, 2007.
Anyway, the class action is interesting but what I copied and pasted is the caselaw cites that, require a creditor to attach a copy of the contract to the complaint if, they wish to claim the account is written as, opposed to open.
BACKGROUND
Ramirez alleges Palisades violated the FDCPA by suing Illinois debtors on time-barred debts. In Illinois, a plaintiff has 10 years to sue for violation of a written contract and five years to sue for violation of an unwritten contract. [FN1] 735 ILCS 5/13-206 ; 735 ILCS 5/13-205 . A plaintiff suing for violation of a written contract must attach that contract to its complaint; if it does not, the contract is considered unwritten. 735 ILCS 5/2-606 ; Barnes v. Peoples Gas Light and Coke Co., 103 Ill.App.2d 425, 428, 243 N.E.2d 855, 857 (Ill.App.Ct.1968) ; O.K. Elec. Co. v. Fernandes, 111 Ill.App.3d 466, 67 Ill.Dec. 225, 444 N.E.2d 264, 267 (Ill.App.Ct.1982) . Ramirez alleges that, on November 20, 2006, Palisades sued her to collect credit card debt it had purchased from Household Bank. She claims Palisades failed to attach a copy of the contract to its complaint, rendering the collection action subject to the five-year limitations period for unwritten contracts. She argues the collection case was time-barred because the charge-off date and date of last payment for her account occurred more than five years earlier. Palisades voluntarily dismissed its suit against Ramirez on April 10, 2007.
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