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.
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 Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.
9 lawyers agree
General Practice Lawyer
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.
7 lawyers agree