Can I be sued after 3 years for a revolving debt?

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Can I be sued after 3 years for a revolving debt?

When my debt occurred the law in my state was that you can not be sued for revolving debt after 3 years. recently the law changed to 6 years. Since my debt occurred before the law change am I still held to the 3 years or the 6?

Asked on October 14, 2011 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can most likely be sued. The law you are referring to is the statute of limitations, or the time period available to bring a lawsuit. The statute of limitations, or SOL, while very important is a procedural law--it affects how justice is administered. It is not one which changes substantive rights: for example, it did not make illegal something formerly legal. While substantive law changes are often not retroactive, a procedural change usually is, since it did not affect the parties' substantive rights. So while it allows you to be sued later than you thought you could be, since the behavior was always plainly wrongful (not paying a just debt) and could have gotten you sued in the past, it is most likely that a change to the SOL would allow you to be sued past the time when you thought you could.


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