Legal Question in Credit and Debt Law in Arizona
Statute of limitations on credit card debt
A collections company in Michigan, where I now live claims (via a complaint in district court),I have an old credit card debt, the ''proof'' they provided to me where old statments with no activity that were 5-6 years old (no signed contract or credit card reciepts etc..). If it was my credit card it was charged off more than 4 years ago. When I was living in Arizona (this is also the location in which I entered into the contract and all of the alleged activity took place) From some of my reading it appears the statue of limitations on a credit card in Arizona is 3-4 years is that correct? If so where would I find the case law to support this? Can I also counter sue due the fact they are attempting to collect on a debt that has since expired?
2 Answers from Attorneys
Re: Statute of limitations on credit card debt
You might also be confusing "counter sue" with "affirmative defense."
If you have proof of the charge off, that is something to take to an attorney who can at least help you draft an appropriate response.
Re: Statute of limitations on credit card debt
Simply because they didn't attach a copy of your credit card application or the contract, doesn't mean they don't have it. I have a client who is being sued by her cc comp and they didn't attach it to the complaint. If it is your card, and you signed receipts and used it, they will have that proof.
Your credit card agreement probably also has a clause in there indicating which state's law applies to the contract. A lot of cc use Delaware law. So if there is a choice of law provision for a certain state, you'd have to look at the law in that state.
And a statute of limitations is always a definite period of time, like 2 years. It is not a range, like 3-4 years.
If it's your card, they will be able to prove their case against you very easily unless you had disputed the charges when they were made.
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