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AZ Statute of Limitations question


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Hi,

I got served a summons, complaint and arbitration on recently. Quick summary since my long one has not received any real help.. not that a couple of people didn't try. I think I just had too much info in one post.

Question: Arizona Statute of Limitations on an open-end (CC) acct is 3 years. My account with the Orig Creditor went deliquent in or around Beginning of 03, by June of 03 no other payments were made to the account.

In 2004 payments were made to the law office representing the JDB of the suit mentioned above. Did I or did I not restart the SOL to sue for this debt?

Here is what it says:

AZ Rev Statute says:

12-543. Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation

There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions:

1. For debt where the indebtedness is not evidenced by a contract in writing.

2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to the bringing of an action thereon.

3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

To me the "cause of action" would be the initial deliquency.. is that correct or not? (see bold)

Then in para 2, see bold in the last part that starts with ; "... but no item..." also would like to know what that means?

I am looking for a solid answer if possible from someone who has perhaps dealt with the same issue.

Thanks

Strawberry Bird

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Hi, I am in Arizona, that is the statute quoted above.. I posted my case in another post but wasn't getting much response so I decided to post certain questions separately. This one for the AZ SOL for suing was one of them. Because IF it is as you state (which is how I read it from the Statute) then the JDB has filed about a year too late.. BUT if the payments I made in 2004 restarted the start time, then I can't use it as a Motion in the case... see what I mean..

Just seems really hard to get any real answers. I DO understand no one wants to be liable for giving bad advice but I think "most" of us that are here understand we take the information at our own risk.

At any rate thanks for your response. Maybe some others would be willing to voice their opinion also.

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