QUESTION

Old outstanding bill

Asked on Jan 19th, 2016 on Civil Litigation - Arizona
More details to this question:
Hello I recently had a creditor reach out to me and ask me to start paying a bill from 10 years ago. He claims they are going to garnish my pay. This bill was from when I lived in Massachusetts but I currently live in Arizona. I had submitted a change of address but never received any letter or communication of the matter until now. Isn't the statue of limitations 6 years in both states to collect a debt?
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1 ANSWER

Administrative Law Attorney serving Tucson, AZ at Munger, Chadwick & Denker, P.L.C.
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I can't speak to Massachusetts, but the statute of limitations ("SOL") in Arizona for a claim on debt is six years for i) a contract signed in Arizona or ii) a credit card debt. See A.R.S. 12-548.  If the debt arises from an open account, the SOL is three years. A.R.S. 12-543. But if you reaffirmed the debt at some point, the SOL may have been extended.  You mentioned that the creditor is threatening to garnish your wages-- he can't do that unless he has a judgment against you. If he doesn't have a judgment against you for this debt, he is unlikely to get one in Arizona since he's probably long past the SOL. However, if he does somehow have a judgment against you without your knowledge (which seems unlikely), it's possible that it's enforceable.  Search your name on https://apps.supremecourt.az.gov/publicaccess/ to see whether any cases were filed against you, and also check for judgments in other states such as Massachusetts.  If he calls again, ask him to give you the court, case, number, and date of whatever judgment he's claiming to rely on.  If he is threatening to garnish your wages and he cannot legally do so, that is a violation of the Fair Debt Collection Practices Act, and he may be liable to YOU for damages.  See the following link for more information:   https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text 
Answered on Jan 21st, 2016 at 5:11 PM

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