Arizona debt statute of limitations

Arizona limitation periods by type of debt

Arizona is the rare state whose statute names credit cards outright at 6 years (§ 12-548(A)(2)); ordinary open accounts are 3 years.

What the Arizona statute says

“A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following: 1. A contract in writing that is executed in this state.”
Ariz. Rev. Stat. § 12-548(A)(1)

“There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt where the indebtedness is not evidenced by a contract in writing.”
Ariz. Rev. Stat. § 12-543(1)-(2)

“if the indebtedness is evidenced by or founded on either of the following: 1. A contract in writing that is executed in this state. 2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).”
Ariz. Rev. Stat. § 12-548(A)(2)

“A. An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.”
Ariz. Rev. Stat. § 47-2725(A)

Does paying restart the clock in Arizona?

An acknowledgment or promise only counts if it is in a signed writing (Ariz. Rev. Stat. § 12-508).

“When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.”
Ariz. Rev. Stat. § 12-508

Arizona’s own debt collection law

Arizona's collection agency law (Ariz. Rev. Stat. title 32, ch. 9) licenses collection agencies and bars licensees from unfair or misleading practices and oppressive, vindictive, or illegal collection methods.

“A licensee may not engage in any unfair or misleading practices or resort to any oppressive, vindictive or illegal means or methods of collection.”
Ariz. Rev. Stat. § 32-1051(3)

If a creditor wins a judgment in Arizona

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Arizona rules take over.

How long a judgment lasts

In Arizona a judgment creditor can have a writ of execution issued within ten years after the judgment is entered, and within ten years after each renewal by affidavit (A.R.S. § 12-1612) or by an action on the judgment; without renewal, execution cannot issue after ten years.

“An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal.”
Ariz. Rev. Stat. § 12-1551

Wage garnishment

For ordinary debts, Arizona caps wage garnishment at the lesser of 10% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 60 times the highest applicable minimum hourly wage (support orders and tax debts are treated differently).

“the maximum part of the disposable earnings of a debtor for any workweek that is subject to process may not exceed ten percent of disposable earnings for that week or the amount by which disposable earnings for that week exceed sixty times the applicable minimum hourly wage in effect at the time the earnings are payable, whichever is less.”
Ariz. Rev. Stat. § 33-1131(B)

Money in a bank account

Arizona exempts from execution and attachment a total of $5,000 held in a single account at one financial institution; the figure is adjusted annually for cost of living starting January 1, 2024, so the current amount may be higher.

“A total of $5,000 held in a single account in any one financial institution as defined by section 6-101. The property declared exempt by this paragraph is not exempt from normal service charges assessed against the account by the financial institution at which the account is carried. The exemption prescribed in this paragraph shall be adjusted annually beginning on January 1, 2024”
Ariz. Rev. Stat. § 33-1126(A)(9)

Small claims court

Arizona's small claims division hears civil claims of up to $5,000, exclusive of interest and costs, with listed exclusions.

“The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed $5,000, exclusive of interest and costs”
Ariz. Rev. Stat. § 22-503(A)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Arizona treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Arizona?

6 years for credit-card debt and 6 years on a written contract, under Ariz. Rev. Stat. § 12-548; § 12-543. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Arizona?

An acknowledgment or promise only counts if it is in a signed writing (Ariz. Rev. Stat. § 12-508).

Does Arizona have its own debt collection law?

Arizona's collection agency law (Ariz. Rev. Stat. title 32, ch. 9) licenses collection agencies and bars licensees from unfair or misleading practices and oppressive, vindictive, or illegal collection methods. (Ariz. Rev. Stat. § 32-1051(3)).

How long does a court judgment last in Arizona?

In Arizona a judgment creditor can have a writ of execution issued within ten years after the judgment is entered, and within ten years after each renewal by affidavit (A.R.S. § 12-1612) or by an action on the judgment; without renewal, execution cannot issue after ten years. (Ariz. Rev. Stat. § 12-1551).

How much of my pay can be garnished in Arizona?

For ordinary debts, Arizona caps wage garnishment at the lesser of 10% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 60 times the highest applicable minimum hourly wage (support orders and tax debts are treated differently). (Ariz. Rev. Stat. § 33-1131(B)).

What if I am sued on an old debt in Arizona?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.