Legal Question in Credit and Debt Law in Arizona
I was recently sent to litigation from a collections law firm in AZ that is collecting for a 3rd party for a debt that was charged off nearly 7 years ago. I am wondering if this fall under the statute of limitations for them being unable to garnish, or if there is any recourse.
1 Answer from Attorneys
The statute of limitations, which starts at the time you became delinquent on the debt, for a written contract is 6 years. The statute of limitations on an unwritten debt, or a debt where the party suing you cannot prove the original contract and its terms, is 3 years from the date you because delinquent on the debt.
The statute of limitations is just one of several defenses that may be available to you in this civil action. The proper analysis of your available defenses and rights will determine whether or not a judgment will be granted against you in this matter, which will remain on your credit report for 10 years.
I strongly suggest you meet with a consumer attorney who is qualified to evaluate your case. If you would like a free consultation to meet with me, please call my office at (602) 230-0995..
Richard Groves
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