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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28431
Experience:  Lawyer
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Thank you in advance assistance. In January 2011 I ran into

Customer Question

Hello,
Thank you in advance for your assistance. In January 2011 I ran into a major financial hardship. I defaulted on a credit card for just over $8000. The account went into collection and was reflected on my credit report. In 2014, a debt collection attorney purchased the account from the credit card company and filed a judgement against me in the local courts. They have now filed a garnishment request against my wages. I live in Arizona and was under the impression that there is a statute of limitations for collection debt and wondering if that statute is based on the original date the debt was created? Does the new debt collector who purchased the debt in 2014 have the right to collect the date past January of 2016?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The statute of limitations applies to how long a creditor has to file a lawsuit on a debt. It starts running when the first payment is missed, and with credit cards, the statute of limitations can be reset if you use the card again or make a payment. The statute of limitations is 6 years, so they filed the judgment in plenty of time when they got the judgment in 2014. See Ariz. Rev. Stat., Section 12-548. Once the judgment is obtained, they have five years to collect it, and they can seek renewal when that time is up. Section 12-1551. So, unfortunately, it is not too late for them to collect.

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