Legal Question in Credit and Debt Law in Arizona
Statute of Limitation on Credit card debt in AZ
I have a collection co who is suing me, last activity report on the account was in 10/2005, and i open the account in 11/03,... the collection co started contacting me in aug of 08, and I'm to report to a pre-trial conference tomorrrow, when does the statute of limitations start? From the last activity date or from the date the account was opened? And lets say its from the last activity, does it count up to the time they started contacting me or to the time a court hearing is set?
1 Answer from Attorneys
Re: Statute of Limitation on Credit card debt in AZ
The statute of limitations runs from the date that the account became delinquent. Usually, that is one day after the payment was due. However, if you made a payment on a later date, then the statute of limitations runs from the last payment made.
If the collection agency can prove that you have a written contract, the statute of limitations in Arizona is six years.
The pretrial conference is to attempt to come to a settlement...it is not a "mini" trial. However, you have to have a disclosure statement prepared.
You are at a distinct disadvantage attempting to represent yourself. Consider retaining an experienced consumer attorney to represent you.
If you would like to discuss further, please feel free to contact my office.
Good luck!