Arizona tolling statute ARS 12-501 explained for credit card debt collection?

Asked about 2 years ago - Phoenix, AZ

It says: 12-501. Effect of absence from state. When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.

If one moves out of state, but lets his credit card creditors know his new address, and then several years later, returns to Arizona, would the SOL have been tolled?

This statute seems like it would have been tolled, but I don't know if there are exceptions to this, especially since I was not out of reach, and still received dunning letters while away.

Attorney answers (3)

  1. Seyed Abbas Kazerounian

    Contributor Level 15

    9

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    Best Answer
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    Answered . I think i answered you previous question. You need to look at the governing law on your credit card contract. If it is not AZ law, your tolling issue will be irrelevant as it will not be the law governing the dispute

    Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt... more
  2. Justin Robert Wilson

    Contributor Level 6

    7

    Lawyers agree

    Answered . I would add that reading the statute certainly makes it seem as though simply not living in Arizona would toll the statute of limitations until a person returns to Arizona, the Arizona Supreme Court has interpreted the statute to mean that only if a person cannot be served with process is the Statute of Limitations tolled. And if the contract was created in Arizona, it seems likely that a person could be served with process by an Arizona court even after they have moved to another state.

  3. Matthew Michael Loker

    Contributor Level 12

    4

    Lawyers agree

    Answered . Counsel above me are correct. I would recommend starting with your contract.

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