Legal Question in Credit and Debt Law in Arizona

If you are representing yourself, you are responsible for knowing the Rules of Court. You should review the Arizona Rules of Court which can be located on line if you google it. Without reading the complaint, it would be inappropriate to provide you with opinions regarding the viability of your Motion to Dismiss. Generally speaking, the original contract does not have to include the original contract as an exhibit to the Complaint. Most credit card companies give an affidavit to the attorney which is attached to the complaint and incorporated therein. This is a notice pleading jurisdiction. If the complaint alleges that an assignment of the contract occurred between the plaintiff and the original credit card company, that may be sufficient. Credit card debt is analyzed under two different statutes... a contract statute which is six years on a statute of limitations defense and a credit card which is 3 years from the last payment date. A motion to Dismiss is treated as an initial appearance, if it is denied, you still have to answer the lawsuit... most attorneys would file an answer followed by a Motion to Dismiss or Motion for Summary Judgment.