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Received a call 3 -4 months ago from a law offices representing a credit card my husband owed. the last pmt made was 2006 or 7

Surprise, AZ |

told me if I make pmt arrangments that they would not persue a lawsuit against us but to wait for a letter in mail to sign I believe to be an "acknowledge" letter. two weeks letter. Everytime I called to follow up about the letter, I was sent to voicemails with no returned calls so I became suspicious about the collections co. This pass Monday I was served with a summons and complaint! Mind you, I NEVER received documentation prior to this. I filed an answer and my question is, should i ALSO send a debt validation request letter since we are unsure of the amount we owe, and if the statute of limitations applies? and if this so called law firm is allowed to collect in my state? will the debt validation provide me with last pmt date to see if sol applies?

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Attorney answers 2


In these lawsuits there are a number of things you can do. The first question is if the debt is with the original creditor or was the debt bought. If it was bought that takes you down a different path. If it was with the original creditor then you can ask them to provide proof of the debt. I have a number of questions I ask and a number of documents I request from the creditor. If you the law firm filed a suit in court they probably have the ability to collect on the debt. But you can get that information by calling the state and seeing if they have a license to collect debt in Arizona.


The Arizona Revised Statutes Sections 32-1001 to 32-1057 cover debt collection. They require debt debt collectors be licensed and bonded, resembles the federal Fair Debt Collection Practices Act.

Debt collectors cannot tack on additional collection fees to debts
A debt collection agency can’t engage in unfair or misleading practices
Debt collectors can’t threaten consumers
A debt collection agency cannot send consumers fake legal documents
Debt collectors can’t misrepresent the nature or amount of the debt
A debt collection agency cannot say or suggest that other fees or charges that are prohibited by law will be added to the debt
Debt collectors cannot threaten to sell the debt to someone else
A debt collector cannot pretend to be an attorney if he is not
Debt collectors cannot send written material that indicates it’s from a law firm or legal department, or from the state of Arizona

In Arizona Revised Statutes (A.R.S.) § 12-548, the statute of limitations for a contract in writing is six years after the cause of action accrues, or within six years of the date the contract went into default

As for your next steps, you should contact an attorney to review your complaint for assistance to get assistance with your response and any dispositive motions and/or discovery requests.

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