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

UPDATED: Oct 14, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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