Consumer Protection

questions & answers

Question: I have had a debt that was disputed, the credit card company kept adding fees and interest until they found we would not pay. It has been 10 years now they are threatning to serve me with a summons, my question is there a statute of limitations. Ten years is very long time to try and find documentation to present in the event of a court hearing. My email address is [email protected] if you could notify me of the results of my question.

Answer: Generally, actions for breach of contract are barred after six years from the date of accrual under Arizona law. A.R.S. § 12-548(A). However, many credit card agreements include a "choice of law" section under the terms and conditions of the cardholder agreement. These terms and conditions may apply the law of a different state to the agreement, which could give the action a longer statute of limitations. Furthermore, if the credit card company obtained a default judgment in the past, different time limits apply to renewal of the judgment. Contract disputes present complex legal questions. Consult an attorney for specific advice.

QUESTIONS

  • I have had a debt that was disputed, the credit card company kept adding fees and interest until they found we would not pay. It has been 10 years now they are threatning to serve me with a summons, my question is there a statute of limitations. Ten years is very long time to try and find documentation to present in the event of a court hearing. My email address is [email protected] if you could notify me of the results of my question.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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