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Lady Themis
Lady Themis, Lawyer
Category: Consumer Protection Law
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Experience:  Experienced in the practice of law.
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In Arizona is the SOL on out of state written contracts still

Customer Question

In Arizona is the SOL on out of state written contracts still 4 years or is it 6 years?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lady Themis replied 1 year ago.

Thank you for your question. The statute of limitations will depend on which state's laws apply. In many contracts, there will be a choice of law provision indicating which state's laws are to govern the contract. If so, that state's law will govern the statute of limitations. If there is no choice of law provision, you will have to determine where the lawsuit would be filed, based on where the contract was signed, whether the parties have sufficient minimum contacts in the foreign state, etc. Generally that state's procedural laws, including statute of limitations laws, are applied. My research indicates that Arizona's current statute of limitations on written contracts executed in Arizona is 6 years. See Section 12-548: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/00548.htm

 

There is a catch-all statute of limitations of 4 years for all other causes of action not specifically set forth in statute, which would presumably apply to contracts executed outside of the state. See Section 12-550:

 

http://law.justia.com/codes/arizona/2011/title12/section12-550/

 

I hope this answers your question. Please let me know if you have any follow-up questions, which I am happy to answer. Once you are satisfied, please kindly rate my service, as that is how I am compensated by the website. Thank you.

Lady Themis, Lawyer
Satisfied Customers: 7751
Experience: Experienced in the practice of law.
Lady Themis and 5 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

While living in AZ I bought a vehicle in TX. I never went to the dealership and all documents were done through the mail and a friend of mine actually drove it off the lot. I defaulted in June 2007 (the first 30 day late). The vehicle was repossessed June 2008. I'm scared to contact the current OC because the deficiency balance is $28k and I don't want to be sued.


 


They are not calling I've been unreachable since the repo. How can I find out 'the trigger point' on a SOL?

Expert:  Lady Themis replied 1 year ago.
The statute of limitations on a breach of contract generally starts to run at the date of default, the date that you became in default under the terms of the loan agreement. The clock may restart if any payments are made in the interim or if you agree to make payments, depending on which state's laws apply.

Customer: replied 1 year ago.

Last follow up.... THANK YOU!!


 


Under those terms that I described:


 


1. Texas dealership


2. Arizona buyer who never went to the dealership and did not personally take delivery


3. Did all paperwork through the mail. But I did sign the contract in Arizona.


 


Would/Could that classify as an out of state executed contract? The Texas dealership representative was the last signatory... Just wondering because I'm over the 4years SOL already if that was the case.

Expert:  Lady Themis replied 1 year ago.
Again, it depends where you would be sued. The contract may contain a provision that Texas' laws apply. In that case, you may be sued in Texas, and the Texas statute of limitations would apply.

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