Out-of-state defense falls in debt case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 22, 2019 3:28 PM

Between four and five years after Jean Schellenger last made a payment on a Home Depot credit card issued by Citibank that could only be used to purchase merchandise from Home Depot, the bank’s assignee, Midland Funding LLC, sued her for $3,151 in southern Illinois — but she fired back with a class-action counterclaim arguing the lawsuit was barred by the four-year statute of limitations set by Section 2-725 of the Uniform Commercial Code, or UCC, for contracts involving the sale of goods.Midland Funding&rsquo …

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