Legal Question in Credit and Debt Law in Illinois

Debt Lawsuit Against Debter

On memorial day 1991, I was attacked by a dog. In 1999 There was a judgement against the owner and the landlord of the owner of the dog. Today, 4-20-01, I was served with a summons of lawsuit from the Doctor that took care of me. What I need to know is, how long does a company have to collect on a pass due debt?


Asked on 4/20/01, 10:56 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Debt Lawsuit Against Debter

The doctor has 5 years to file a complaint against you if your arrangement with the doctor was oral, and 10 years if there is "written evidence of indebtedness." The period of time restarts each time you either make a payment of promise to do so. If you think the doctor missed the appropriate deadline, you must timely file the appropriate papers with the clerk of the court that issued the summons, or you will waive the argument that the doctor filed the complain too late. I reccommend you immediately consult with an attorney.

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Answered on 6/14/01, 11:27 am


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