Credit Card Debt Arizona

I received a Civil Simmons that was served to me stating I was being sued for credit card debt from back in November of 2002. If I researched right the SOL law in Arizona is 3yrs, can I respond to this lawsuit and have this dropped if the SOL law is correct?

Yes you can dispute the validity of the debt, if it is actually 3 years, most places it's 6 or even 7 years. Be smart about your response. Any other thing that you can submit that will uphold your case, will be very helpful. If you are being sued by the credit card company, then doubtless, you have been called by numerous representatives from that company. There are federal laws which they cannot overstep. They may not contact you before 8 am. nor can they contact you after 9 pm. They may not speak to any other household member, without your written permission. They may not threaten to evict you from your home, or threaten to take your belongings, and if they have threatened to send someone to your house to get you, or if they have said they will send police to your home, they have exactly 5 days to do so. If the cops do not arrive in that 5 day period after the threat, they have broken the rules of fair debt collection. You must be able to provide a strong defense to your case. Two years ago, a credit card company actually requested that the judge move to dismiss without prejudice, the case against me. I haven't heard from them since. I did not use a lawyer.
Remember, build a strong case. Don't rely solely on the SOL, but gather as much as you can to make your case go your way. Be as professional as you can be if you go in the courtroom without a lawyer. It seems that more and more judges are sympathetic to the defendent in credit card cases, than in times past. As more cases come to court maybe some judges are realizing that the multitudes of people may not be wrong, and that credit card companies have overstepped their boundaries. Good luck with your case.

2008-06-11 20:13:32 by Jake

Eliminate credit card debt, San Antonio, debt consolidation Augusta, Tallahassee FL, credit card debt elimination. Fight Back! The Ultimate DVD ...

I have about 3-5k in debt I need to get rid of, credit card, old cell phone balances etc and to add to that a $2,900 balance to a school that I need to get my transcripts from so I can apply to Arizona State for the fall. If I can get at least 5k Ill be good, Ill be able to pay of the school balance and a couple thousand to other debts I owe and get my credit back on track. I need to do this fast

Fez F is off to a good start, but here is a bit more detail:
1. vow today not to borrow any more money.
2. line up a little emergency fund so that if your car blows a tire you won't charge up any more debts.
3. line up your debts smallest to largest and pay them off in that order. Pay the minimum on the ones you are not attacking at the moment. With your short time horizon and a little discipline this shouldn't take long.
Taking out a loan for these amounts will end up costing you a lot in new fees and interest charges.

2010-03-09 11:52:10 by It's My Turn

Price: $28.00

I currently live in Kansas. The statute of limitations for unpaid credit card debt 'open accounts' is 3 years. I lived in Texas and Arizona when the credit cards were opened. How do I determine the statute of limitations for this debt? Is it based on current residency or past residency?

Fair Credit Reporting Act says that derogatory accounts will show for 7-years from the date of first delinquency.

Statute of limitations varies from State to State and by what type of debt you are talking about.

This is the legal time that people can sue in court and get a judgment. Once the S.O.L. has passed you can still be sued but all you have to do is show the court that the S.O.L. has expired and the case will be dismissed.

I have posted a link so you can look up your State:
http://www.bcsalliance.com/index.html

There is no time limit on how long people can attempt to get you to pay. Never admit that a debt is yours and never pay a dime on one that is past the S.O.L. because this will restart the S.O.L.

2007-12-22 15:26:08 by ProfB

Long story short, I moved on short notice and transferred all my info accept for, apparently, one card that slipped through the cracks, to my father’s address. I bounced around for a while and all my other bills kept up with me…

It has been at least 4 years since I have had ANY contact with the credit card company even though I changed my address with the bank which the card was through, which also has my checking account.

They FINALLY decided to look me up (It isn’t as if I’ve been “Hiding”.) and I am being threatened with legal action so I am wondering about my rights.

I lived in Arizona, I now live in Illinois.

Which Statute of Limitations is attached to the account? The state that I opened the card in or the state I live in NOW?

The Statute of Limitations for Arizona is Three Years for Oral Contracts, six years for written contracts, and 3 years for open ended accounts.
http://www.legislature.state.al.us/Codeo fAlabama/1975/coatoc.htm

The Statute of Limitations for Illinois is Five Years for Oral Contracts, Ten Years for Written, and Five Years for open ended accounts.
http://www.ilga.gov/legislation/ilcs/ilc s4.asp?DocName=073500050HArt%2E+XIII& ;ActID=2017&ChapAct=735%26nbsp%3BILC S%26nbsp%3B5%2F&ChapterID=56&Cha pterName=CIVIL+PROCEDURE&SectionID=3 0813&SeqStart=96300&SeqEnd=10190 0&ActName=Code+of+Civil+Procedure%2E



I’m going to print up a copy of my credit report to give to my lawyer but I would like to understand what everything MEANS before I dive in to this.

What law am I under? Arizona Or Illinois?


I am looking up my rights under The Fair Debt Collection Practices Act, but still, I was hoping to get some info from people that have been where I am.

Thanks for any info you can provide!!


I'm going to pay I just want to know the FULL details of the laws I am going to use to negotiate my position.

The debt will be paid in the long run... I just want to know how much fighting I will have to do to get a reasonable payment amount since I am disabled, not getting any SSDis, and pulled about $4000.00 in pay last year...

If I CAN'T pay them, then I need to work out an arrangement that will allow me to give them something I can live with.

Sorry to tell you this but your under Illinois since that is the State they will have to sue you in to get a judgment.

2008-09-04 12:34:42 by ♥ ☺ Sorry... I'm a girl! ☺ ♥

I have a credit card account that has not been used since about 2003. I was living in Missouri at the time, but have since moved to Arizona. According to state laws, the statute of limitations has expired in either state. Can this still be put on my credit report? How can I get it removed?
According to the credit report, this account is still open. I thought the balance had been paid in full, there was only a 300 limit, but it is showing on the report as of last month at nearly 2400

The Statute of Limitation on a debt is the time limit in which the creditor can take legal action against you in order to collect the debt. This does not have anything to do with the time it can be reported on your credit report, which is 7 years from the date of delinquency. So the item will not be removed until sometime in 2010.

2009-05-14 01:35:46 by Dean S