QUESTION

Would I have a case in small claims court?

Asked on Jun 11th, 2014 on Bankruptcy - Illinois
More details to this question:
In 1997, I sold an item to a gentleman for a sum of two thousand dollars. He gained possession of the item but never paid me anything for it. I believe that the statute of limitations on small claims in the State of Illinois is five years. However, two years ago, I was in a retail store and came face to face with the man that owed me money. We had a conversation and he said to me that he was "back on his feet" and his goal was to get me paid this year. My question is this: Was this meeting and subsequent statements a renewed or new verbal contract for payment? Can I seek money even if I am not seeking it for medical bills? Also, can I seek punitive damages?
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1 ANSWER

Debt Collection Attorney serving Chicago, IL
2 Awards
You cannot get consequential or punitive damages on a claim for nonpayment. Just principal and interest. There are both statute of limitations and statute of frauds problems. Without a writing I would not file the case.
Answered on Jun 13th, 2014 at 6:53 PM

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