My question involves court procedures for the state of: Arizona. I went to a hearing to quash a writ of garnishment. the basis of my argument was that the affidavit of service was defective on the default Judgement. The case was reopen and the I was successful in having the judgement set aside due to the defective service. The attorney representing the financial institution is stating they can refile file the judgement because they filed the original complaint in a timely manner. I have two arguments that i want to present, one ARS 12-548, the statute of limitation law in Arizona and two, ARS 12-508, stating I would have to acknowledge the debt in order to restart the statute of limitation. As a bonus, if they choose to file a complaint, would I be within the law of FDCPA to sue them for persuing action after the statute of limitation has expired?
12-548. Contract in writing for debt; six year limitation; choice of law
A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:
1. A contract in writing that is executed in this state.
2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).
B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies.
12-508: Effect of acknowledgment upon barred action When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby. Meaning I would have to acknowledge the debt in order to restart the statute of limitation.
Kol Tov / All the best!
12-548. Contract in writing for debt; six year limitation; choice of law
A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:
1. A contract in writing that is executed in this state.
2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).
B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies.
12-508: Effect of acknowledgment upon barred action When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby. Meaning I would have to acknowledge the debt in order to restart the statute of limitation.
Kol Tov / All the best!
Vacating a Judgment: Judgement Was Set Aside Due to Defective Service, Can They Refile a New Judgement
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