I'm being sued by Midland Funding over an old debt that they bought from Capital One. I'm in Illinois but the Capital One debt is should have a Vagina statute of limitations of 3yrs. I went to my first hearing in small claims and told Midlands' Attorney that I would not settle, and another court date was set. How do I then file a Motion To Dismiss on a time barred debt prior to the court date?
The motion has to be drafted and then filed with the Clerk's office in a timely manner. You did not say when is your next court date. If you want to discuss, I can be reached at 312-372-5600.