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  1. #1

    Default Which Statute of Limitations Applies to Credit Card Debt when Moving States

    My question involves collection proceedings in the State of: Arizona.

    I have a credit card that was opened in California and I stopped paying in 2009. I moved to Arizona in 2010. From what I understand the SOL in Ca is 4 years but I am being sued by a collection company in Arizona. Which state SOL applies and what is the SOL in Arizona?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Which Statute of Limitations Applies to Credit Card Debt when Moving States

    Well, the truth of the matter is that the laws of the state whose court you're being sued in determine what the limitations are. However, many states, including ARIZONA have a law that says they just can't sue you if you move to the state if the SOL has already expired in the original state.

    So sued in California or sued in Arizona, the California rule thus applies.

    However, are you SURE you are past the limitations period in California. There are two issues. The time doesn't run from the last payment, it runs from the time you are first delinquent. This is typically the month (or two) past the date you made the last payment. The time is measured from then until the case is filed.

    The second issue is tolling. The statute of limitations in California is tolled, i.e., the clock is put on hold, when you leave the state. If you left the state in 2010 it looks like the debt is NOT time barred.

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