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Statute of Limitations of CC Debt in AZ Questions


Thomas2
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I've been under the impression that the SOL on credit card debt in Arizona was six years but I'm seeing information online that it is three years. I went into default on numerous accounts in 2016 & I still have JDB's filing lawsuits in civil court against me. 

Can someone first confirm for me whether it is indeed three or six years for the SOL in Arizona. If it is six years, how do I calculate the exact date for when the six years will be up? If it is three years & these are now all SOL, how do I deal with this? I presume that if contact by a JDB via mail with intent to collect is received that I can write them & state the debt is beyond the SOL & do not contact me further about the debt. If they just go straight to filing a case, how do I counter this? Would it be a Motion to Dismiss once served due to the SOL having passed? 

I appreciate the assistance. Thank you.  

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45 minutes ago, Thomas2 said:

I've been under the impression that the SOL on credit card debt in Arizona was six years but I'm seeing information online that it is three years. I went into default on numerous accounts in 2016 & I still have JDB's filing lawsuits in civil court against me. 

Can someone first confirm for me whether it is indeed three or six years for the SOL in Arizona. If it is six years, how do I calculate the exact date for when the six years will be up? If it is three years & these are now all SOL, how do I deal with this? I presume that if contact by a JDB via mail with intent to collect is received that I can write them & state the debt is beyond the SOL & do not contact me further about the debt. If they just go straight to filing a case, how do I counter this? Would it be a Motion to Dismiss once served due to the SOL having passed? 

I appreciate the assistance. Thank you.  

The SOL in AZ for credit card debt is 6 years.  The law was amended in 2011 to include credit card debt.  Here is the relevant statute.  § 12-548(A)(2) 

12-548. Contract in writing for debt; six year limitation; choice of law

A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:

1. A contract in writing that is executed in this state.

2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).

B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies.

If the credit card agreement contains an optional acceleration clause, the SOL begins on the first missed payment.  Here is a ruling from the AZ Supeme Court.

https://scholar.google.com/scholar_case?case=7675331254710062101&q=“12-548(A)”+AND+“mertola”&hl=en&as_sdt=4,3

However, to be sure, contact an AZ consumer attorney for confirmation.  

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Thanks BV80, that's what I was looking for. 

OK, with it being six years, if there is no optional acceleration clause, when does the SOL begin? Last payment made? 

And finally, if I am past this point in time which I will be this year, how do I address this if a civil suit is filed & served?  

 

 

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6 hours ago, Thomas2 said:

Thanks BV80, that's what I was looking for. 

OK, with it being six years, if there is no optional acceleration clause, when does the SOL begin? Last payment made? 

And finally, if I am past this point in time which I will be this year, how do I address this if a civil suit is filed & served?  

 

 

The court didn’t mention when the SOL would begin otherwise.  That’s why it’s best to contact a consumer attorney just to ask.

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