Publications

Midland Funding LLC v. Schellenger

Illinois Appellate Court
Civil Court
Collections
Citation
Case Number: 
2019 IL App (5th) 180202
Decision Date: 
Friday, April 12, 2019
District: 
5th Dist.
Division/County: 
Clinton Co.
Holding: 
Affirmed.
Justice: 
MOORE

Court properly granted motion to dismiss counterclaim alleging that credit card company's successor collections action was untimely as barred by the 4-year statute under the UCC that governs the sale of goods. Plaintiff's Home Depot credit card agreement is governed by the 5-year statute of limitations that applies to credit cards, rather than the 4-year statute of limitations for sale of goods. (OVERSTREET and CHAPMAN, concurring.)