In Arizona, a creditor or debt collector generally has six years to sue you on a written contract or on credit card debt, and only three years to sue on an open or oral account. The six-year rule comes from Arizona Revised Statutes (A.R.S.) § 12-548, which the Legislature amended to spell out that debt "evidenced by or founded on" a credit card (as defined in A.R.S. § 44-1641) carries a six-year limitations period. The three-year rule for stated or open accounts comes from A.R.S. § 12-543. Once the correct deadline passes, the lawsuit is time-barred — but in Arizona an expired statute of limitations is an affirmative defense you must raise yourself, or you can lose anyway.
How long Arizona gives a creditor to sue, by debt type
The deadline depends on what kind of debt it is. These are the core Arizona limitation periods:
Written contracts — 6 years. A signed loan agreement, installment contract, or other debt founded on a written contract falls under A.R.S. § 12-548.
Credit cards / revolving accounts — 6 years. Arizona law (A.R.S. § 12-548) expressly treats credit card debt as subject to the six-year period. This settled years of dispute over whether cards were instead three-year "open accounts."
Open accounts and oral agreements — 3 years. A.R.S. § 12-543 covers debts on a stated or open account not based on a writing, and debts founded on oral contracts.
Promissory notes — 6 years. A note is a written contract under A.R.S. § 12-548, and Arizona's version of the Uniform Commercial Code (A.R.S. § 47-3118) also sets a six-year period for an action to enforce a note payable at a definite time.
Court judgments — 10 years, renewable. A money judgment in Arizona is enforceable for ten years under A.R.S. § 12-1551 and can be renewed (by affidavit under A.R.S. § 12-1612 or by a new action), so a judgment can effectively last far longer than the underlying debt.
If a collector cannot point to the original signed agreement, it may try to call the debt an "open account." Whether a credit card is six years or three turned on exactly that question — and Arizona resolved it in favor of six years for cards.
When the clock starts running
The statute of limitations begins when your "cause of action accrues" — in plain terms, when you breach the agreement by missing a payment and the creditor could first sue you. For most installment and credit card debts, that is the date of your first missed payment that you never cured, not the last payment you ever made and not the date the account was charged off or sold.
The Arizona Supreme Court addressed this directly in Mertola, LLC v. Santos (2018). For a revolving credit card account with no acceleration clause, the court held that the limitations clock for the entire balance starts when the borrower first misses a required minimum payment and defaults — not separately for each later missed payment. That ruling matters because it means a card debt can become time-barred sooner than a collector claims, since the clock dates back to the original default.
Charge-off dates and the dates a debt buyer purchased the account do not reset this clock. Neither does the collector simply re-aging the account on your credit report. The accrual date is tied to your default, period.
The trap: a payment or written acknowledgment can restart the clock
This is the single most important thing to understand before you talk to a collector. Under A.R.S. § 12-508, conduct can revive or restart the limitations period. The statute provides that an acknowledgment of a debt is enough to take a claim out of the limitations bar only if the acknowledgment is in writing and signed by the party to be charged. So signing a letter, an email, a payment plan, or a settlement agreement that admits you owe the debt can restart the six-year or three-year clock from zero.
Making a partial payment is the most common way people accidentally revive an old debt. Arizona courts have long treated a voluntary payment on a debt as evidence of a new promise to pay. Even a small "good faith" payment on a debt that was about to expire — or had already expired — can hand the collector a fresh limitations period and a strong argument that you acknowledged the debt.
Because of this, never make a payment, sign anything, or admit in writing that you owe an old debt until you have confirmed whether the statute of limitations has already run. If a debt is close to or past its deadline, those small steps can be far more costly than the payment itself.
An expired statute of limitations is a defense you must raise
In Arizona, the statute of limitations does not erase the debt — it bars the creditor's remedy in court. The debt still technically exists; the collector just loses the ability to win a lawsuit if you assert the deadline.
Crucially, this is an affirmative defense. Under Arizona Rule of Civil Procedure 8(c), you must plead the statute of limitations in your written answer to the lawsuit. If you ignore the summons or fail to raise the defense, the court can enter a default judgment against you even on a debt that was decades old and clearly time-barred. The court will not throw the case out on its own. Many time-barred debt suits succeed for exactly this reason: the consumer never responds.
If you are sued, the protective steps are: (1) do not ignore it; (2) file a timely written answer; (3) raise the statute of limitations as a defense and demand that the collector prove the date of first default; and (4) consider consulting a consumer attorney or legal aid, since proving the accrual date often decides the case.
How federal law backs you up
Federal law gives Arizona consumers extra protection against stale-debt lawsuits. Under the federal Fair Debt Collection Practices Act (FDCPA), it is illegal for a third-party debt collector to sue, or even threaten to sue, on a debt it knows is past the statute of limitations. The federal Consumer Financial Protection Bureau's Regulation F (effective 2021) reinforces this by prohibiting collectors from suing or threatening suit on time-barred debt. If a collector files a lawsuit on a debt that is plainly expired, that conduct can itself violate federal law and may give you a counterclaim.
The FDCPA also lets you demand written validation of a debt and dispute it. Use those rights before discussing payment, especially on older accounts where the limitations period may already protect you.
Where to verify Arizona's rules
Statutes and court interpretations change, so confirm the current law before relying on a specific deadline. The official text of A.R.S. §§ 12-543, 12-548, and 12-508 is published by the Arizona State Legislature at azleg.gov. For consumer help, contact the Arizona Attorney General's Office, Consumer Protection and Advocacy Section, which handles complaints against debt collectors and publishes consumer guidance; you can reach it through azag.gov. You can also file complaints with the federal Consumer Financial Protection Bureau and report FDCPA violations to the Federal Trade Commission. For free or low-cost legal help, Arizona residents can contact Community Legal Services or Southern Arizona Legal Aid.
Because the accrual date, the debt's classification, and any payments or written admissions can all change the outcome, treat any specific deadline as a starting point and verify the facts of your own account — ideally with a licensed Arizona attorney — before you act.
Official Arizona Sources
This page is based on Arizona law. Limits and deadlines change — verify the current details directly with the official Arizona sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Arizona’s own rules.
Frequently asked questions
What is the statute of limitations on credit card debt in Arizona?
Six years. Arizona law (A.R.S. § 12-548) treats credit card debt as founded on a written contract or based on a credit card, so collectors generally have six years from your first uncured missed payment to sue. After that, the lawsuit is time-barred if you raise the defense.
Does making a small payment restart the Arizona statute of limitations?
It can. Arizona courts treat a voluntary partial payment as a new acknowledgment of the debt, which can restart the clock from zero. Under A.R.S. § 12-508, a written, signed acknowledgment can also revive an expired debt. Confirm whether a debt is time-barred before paying or signing anything.
Can a debt collector still sue me after the Arizona deadline passes?
A collector may file suit, but the statute of limitations is a complete defense if you raise it in your written answer under Arizona Rule of Civil Procedure 8(c). If you ignore the lawsuit, the court can enter a default judgment even on a clearly expired debt. Suing on knowingly time-barred debt can also violate the federal FDCPA.
When does the clock start on Arizona debt?
When your cause of action accrues, which for most credit and installment debts is the date of your first missed payment that you never cured. In Mertola, LLC v. Santos (2018), the Arizona Supreme Court held the clock for an entire credit card balance starts at that first default, not at later missed payments or the charge-off date.
How long can a creditor enforce a court judgment in Arizona?
A money judgment is enforceable for ten years under A.R.S. § 12-1551 and can be renewed by affidavit or a new action, so it can last far longer than the original debt. This is separate from the limitation period to file the lawsuit in the first place.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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