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  1. #1
    Join Date
    Jun 2009
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    2

    Default Statute of Limitations - Two States

    My question involves collection proceedings in the State of: TX or AZ

    I live in Texas and lent someone some money that lives in Arizona. The borrower signed a promissory note in January 2004. It appears as if the statute of limitations for written debt contracts is 6 years in AZ and 4 years in TX. The promissory note was written and signed in AZ but was not notarized.

    1. Does the statute of limitations in TX or AZ apply?

    2. If the AZ statute of limitations applies, would I have to sue the borrower in AZ or can I sue him in TX?

    3. How much of a problem could it be that the promissory note wasn't notarized?

    Thank you very much,

    Steve

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Statute of Limitations - Two States

    If the loan was signed and completed in Arizona, you can sue him in Arizona under Arizona law. If you try suing in Texas, you'll have to deal with issues of personal jurisdiction and then (assuming they raise the defense) try to convince the court to apply Arizona's statute of limitations.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Statute of Limitations - Two States

    Thank you very much, Mr. Knowitall. I'll start looking for an attorney in Arizona that will work with me from Texas.

    Best wishes,

    Steve

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