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SoL in Arizona..err Utah..err Arizona


g2825m
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I need some help in answering a Credit Card SoL in Arizona. First, I have seen that it is considered an open ended account in almost all websites I have read. Second, I see that the SoL would be 3 years. My wife last made a pmt on this account in Mar 2003. In July 2004 we moved from Utah to Arizona. Utah's SoL is 4 years. My question is which state has jurisdiction and I spoke to an attorney here and he said that credit cards are written contracts (6yrs in AZ)? This is contrary to everything I read. We were served papers about two weeks ago and have a Stipulation of/for Judgment and supposed to have a pretrial conference on the 30th of November. What are my options and can I claim that the SoL has run out on this debt??

Thanks,

Greg

PS I am named on this judgment and I am not a signer on this account and just returned from Iraq as well. Does the Sailors and Soldiers Act apply in any way regarding this issue as it was filed with the court while I was in Iraq?

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The SOL is a procedural question, so the AZ SOL would apply. They may have sued you under different theories of recovery ( e.g., contract, open account, money had and lent, account stated) and if so, you need to check the SOL for each theory. You should have teh SOL as a dfense anyway, especially of there are no dates on the complaint. And the Statute of frauds, as well. Please go see a lawyerm it looks like you could use some solid, non-internet-casual help. And call McCain's office and ask if they can refer you to a resource for application of the relief act. Act quickly, just don't rely on what you read online.

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Thanks for the advice. I've just read different meanings on the SoL here in AZ on whether a credit card is an open account or a written contract. From the definitions I see it would be a an open account and the SoL would be 3 years. I'll continue to call some local attorneys that are skilled in this area. It seems from other posts on this site, cite Florida law and other states that say credit cards are open accounts. Thank you for the advice and any additional comments you all might have.

Greg

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Guest E. Normis Debtor

The other consideration would be whether or not AZ has a borrowing statute. If so, the forum state's SOL (AZ) may not apply if the cause of action accrued in another state, and the other states SOL is more favorable.

There is no black and white answer when it comes to SOL. Even courts struggle with its application.

As RA suggested, consult local counsel.

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Thanks for your help again. I will post this as well in another forum to see what advice others might have but will definitely follow thru on your advice here locally. Just spoke earlier today to an attorney and he said that "he was no expert (there's my first clue) but credit cards would be on there for 7-10 years as far as SoL." This is where I need find someone that knows SoL and if I have a case before the judge. AZ states that open accounts are a 3yr SoL and even this site states this. Looking for clues in AZ.

Thanks

Greg

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