My question involves collection proceedings in the State of: Arizona
Credit Card debt is almost 6 years old. Received complaint today. Isn't this debt beyond the SOL? I have made no paymetns and have not used the account for over 5 years.
My question involves collection proceedings in the State of: Arizona
Credit Card debt is almost 6 years old. Received complaint today. Isn't this debt beyond the SOL? I have made no paymetns and have not used the account for over 5 years.
Per my references Az. is one state which still considers credit cards as open accounts with a three year SOL rather than written contracts with the longer SOL.
You can always verify with an attorney in your area of Az. to see how the courts there are currently considering credit cards. Many states are starting to consider credit cards as written contracts but all my info re Az. says open accounts with a 3 yr. SOL.
Have you tried to send these people an SOL expiriry letter? Thats what I would do.
You would use the SOL has elapsed defense when you answer the complaint.
Statutes of limitation are state wide. Any interpretations of the statutes will be from the AZ Supreme Court. Contrary to what one person said, the SOL does not vary within a state. Not ever.