Can a debt collector sue me?

Question

Accepted Answer

Yes. Arizona law presupposes that lawsuits to collect a debt exist and regulates them by imposing time limits on when such an action may be brought .

How long they have to sue:

- If the debt is evidenced by a written contract executed in Arizona, or is based on a credit card, an action for the debt must be commenced within six years after the cause of action accrues, and not afterward .
- If the debt is not evidenced by a written contract (an oral debt), or is on a stated or open account, the action must be commenced within three years after the cause of action accrues, and not afterward . For stated or open accounts, no item is barred so long as any item on the account was incurred within the three years immediately before the action is brought .

What these sources do not address: The Arizona sources provided do not say *who* specifically may sue you — for example, whether a third-party debt collector or debt buyer (as opposed to the original creditor) has standing to bring the action. Nor do they address what conduct a debt collector may or may not engage in while trying to collect; that is governed primarily by federal law (the Fair Debt Collection Practices Act), which is outside the scope of these Arizona sources. For those questions, consult a licensed attorney.

One related Arizona point: using extortionate means to collect or attempt to collect an extension of credit is a class 4 felony in Arizona .

If you have been served with a lawsuit, consider consulting a licensed Arizona attorney promptly, since the limitation periods described above may be a defense.