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Allen M., Esq.
Allen M., Esq. , Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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What is the statute of limitations arizona in arizona? I received

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What is the statute of limitations arizona in arizona? I received a collection notice yesterday for $289.00 from 12/18/2004.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Well, Arizona law may or may not be the law that applies. It depends on the type of debt and whether or not their was a contract signed on the debt which might have had a "choice of law" clause in it, applying a different state's laws.

Furthermore, the statute of limitations runs from the last time the debt was affirmed, which could be the last time a payment was made or even promised. This is how they sometimes revive a debt after the statute of limitations has passed. Don't make any promises to them.

Just things to consider.

In Arizona, on an open account or oral contract, the statute of limitations is three years. On a written contract, the statute of limitations is 6 years.

Customer: replied 3 years ago.

If I dispute this, can I tell them that the status of limitations are up?

Customer: replied 3 years ago.

If this is from 2004, I should not have to pay this correct?

Sure. There is nothing wrong with you telling them that you are aware the statute is up. That may make them charge of the debt and be done with it.

Many times, companies will go through old debt, before they sell it, and will make one last effort to collect. Often, people will just pay it when they see a collection notice, not knowing about the statute of limitations.

If the last affirmation of the debt was 2004 and Arizona is the applicable law, then no you should not pay it.
Customer: replied 3 years ago.

How are they allowed to collect on something from 9 years ago?

Collecting is not the same as suing.

All a statute of limitations does is stop them from taking you to court and having a judge require you to pay them with a judgment.

It doesn't stop them from making requests for payment. They can ask you, if they wish. You can tell them "do not contact me again. Sue me if you want this money." Then they'd legally not be permitted to contact you anymore, unless they actually filed suit....and then that would be dismissed as being time barred.
Customer: replied 3 years ago.

So I need to reply to their collection notice and advise them "Not to contact me again" Is this admitting that I owed the debt in anyway?

No. That is not an admission. It is a clear statement to leave you alone, but that is not an admission that you owe the debt, agree with the amount or anything.
Customer: replied 3 years ago.

Do I need to reply to their collection notice?

You don't need to reply. Of course, if you don't reply they can continue to contact you.

The laws on collections allow them to do that unless you definitively tell them to not contact you. Then, they can't contact you again unless and until they actually file suit, which you already understand to be not possible for them (well, they can file it, but it would be immediately dismissed).
Customer: replied 3 years ago.

In their letter it states that unless you notify this office within 30 days after receiving ths notice tht you dspute the validity of this debt or any portion thereof, this office will assume this debe is valid. How can they assume this debt is valid if I don't reply to them?

They can assume all the want. That doesn't make the debt valid to the extent that it somehow changes the statute of limitations.

That language is specifically put in there to bait people into responding with statements that would count as reaffirmations of the debt.

For instance, if you wrote back and said "I don't think I owe you that much. I think I owe you this much." That would potentially be seen as a reaffirmation of the debt.
Customer: replied 3 years ago.

In my best interest I should respond to their letter with "do not contact me again. Sue me if you want this money."

I would just respond. "Do not contact me again."

Leave it at that. "Sue me if you want the money" is implied in that statement, because they also know the law.

So really, the difference is whether or not you want them contacting you any more. Either don't reply or reply "Do not contact me again."
Customer: replied 3 years ago.

Thank you

No problem. Take care.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 18622
Experience: Lawyer and legal specialist.
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