I just looked at my credit report and see that the debt I'm being sued for is past SOL from the original creditor...

Asked over 1 year ago - Phoenix, AZ

can I use SOL as a defense if it went past from the original creditor prior to Arizona changing it's SOL from 3 years to 6 years? Or is it that when that changed it retros back?

Attorney answers (3)

  1. Hyung S Choi

    Contributor Level 7

    Answered . The SOL defense is not simple. There are many different SOLs -- ranging from 1 - 6 years -- for different claims. Typically, SOL for claims arising out of written obligations is 6 years. It has been that way for a long time. Of course, there are exceptions. You should consult with an attorney that handles debt collection defense cases to evaluate your options. I recommend Richard Groves, http://azconsumerlaw.com/.

    My answer is purely for general educational purposes for the benfit of public that view this website. Please do... more
  2. William W. Fife III

    Contributor Level 14

    Answered . The creditor's argument is that the credit card SOL wasn't a change in the law, but a clarification of the law that already existed.

    William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa,... more
  3. Paula Brown Sinclair

    Contributor Level 20

    Answered . Mr. Choi is correct. Nothing short of a consultation with a consumer-rights attorney, and immediately, will meet your needs. Consumers seem to universally assume that the statute of limitations is one exact and absolute number. It is much more complicated than that, and an inquiry into the facts of the debt and your payments is needed. As well, the court pleadings to effectively raise an available SOL defense are not safely a DIY enterprise.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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