by WrittenContractStatuteOfLimitations on August 2nd, 2008, 1:08 am
That is very unfortunate and seems and seems to happen a lot. To answer your question, yes; the statute of limitations applies to any consumer debt regardless. The statute of limitations is 6 years in Arizona for written contracts so the debt is no longer valid. Even though I answered your question, I would like to really get to the real answer you are looking for. Anyone can call you and demand payment regardless of the legitimacy of the debt in question. The key is the debt is in question because you feel you don’t owe it therefore the ball is now in your court. The collector can continue to demand payment however, legally you have the right to request validation and after doing so, if no response is made or if the response was insufficient you have the right to demand they cease and desist communication with you. Should they pursue litigation (which is very possible) you will have the validation demand and cease and desist demand in writing as proof that you took the necessary steps and there is a strong likelyhood you win. In fact, you will likely win a judgment againt them in a counterclaim if you file one because they have wasted your time. There is an entire industry surrounding these types of dirtbag companies that buy old time barred debts and pursue them in court which is referred to as the “JunkDebt “ or “Zombie Debt” industry. Don’t let them get the best of you. You need to fight back!