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State credit and debt laws

Arizona credit and debt laws

Reviewed · 11 sources

Short answer

In Arizona, the statute of limitations on credit card and other open-account debt is 6 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Arizona statute of limitations on debt

Type of debtTime limitLaw
Written contracts6 yearsA.R.S. 12-548(A)(1)
Oral contracts3 yearsA.R.S. 12-543(1)
Promissory notes6 yearsA.R.S. 47-3118(A)
Credit cards6 yearsA.R.S. 12-548(A)(2)
Stated or open accounts3 yearsA.R.S. 12-543(2)
  • Written contracts. Applies to debt evidenced by or founded on a written contract executed in Arizona.
  • Oral contracts. Covers debt not evidenced by a contract in writing.
  • Promissory notes. Six years after the due date in the note, or after the accelerated due date.
  • Credit cards. Arizona settles the card question by statute: debt founded on a credit card gets the six-year period, and subsection B says this section applies if another jurisdiction's limit conflicts with it.
  • Stated or open accounts. No item on the account is barred while any item was incurred within the 3 years before suit.

Time limits to sue vs. time on your credit report

The Arizona deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

An acknowledgment that a debt is owed, made after it became due, can only be used against you in court if it is in writing and signed by you (A.R.S. 12-508).

Does Arizona limit lawsuits on old debt?

Arizona law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Arizona

Arizona has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old. Arizona does cap interest on medical debt at the lesser of 3% a year or the one-year Treasury yield for the week before you were first billed (A.R.S. 44-1201(A)(1)).

Compare every state in medical debt laws by state.

Marriage and debt

Arizona is a community property state. Debts taken on during the marriage can be treated as shared under state law, but each spouse still has a separate credit report, and an account shows only on the reports of the people on it.

Can employers check your credit?

Arizona has no statewide law limiting employer credit checks. Federal FCRA consent and adverse action rules apply.

Do debt collectors need a Arizona license?

Yes. A collection agency must apply for a license with the Arizona Department of Insurance and Financial Institutions, post a bond sized to its Arizona business, and meet the requirements of A.R.S. Title 32, Chapter 9 (A.R.S. 32-1021). Business in Arizona includes collecting from Arizona debtors, from an Arizona office or for Arizona creditors.

In Arizona, complaints about debt collectors and credit reporting can go to Arizona Department of Insurance and Financial Institutions, Financial Institutions Division, as well as to the Consumer Financial Protection Bureau.

More to know in Arizona

Arizona wrote credit cards into its statute of limitations. Card debt gets 6 years, and the law says the Arizona period controls when another state's limit conflicts with it, which narrows the usual question of which state's law the card agreement picks. Arizona is a community property state. Debts either spouse takes on for the benefit of the community during the marriage are generally paid first from community property and then from the separate property of the spouse who incurred them, and a creditor has to sue both spouses together to reach community property (A.R.S. 25-215). One spouse's separate property is not liable for the other spouse's separate debts unless the owner agreed. Two other limits matter once a debt is in collection. Medical debt interest is capped at 3% a year or less, and a garnishment for ordinary consumer debt can take no more than 10% of weekly disposable earnings, and only from earnings above 60 times the minimum hourly wage (A.R.S. 33-1131(B)).

Guides that go deeper

Sources

  1. A.R.S. 12-548: Contract in writing for debt; credit card debt, Arizona State Legislature
  2. A.R.S. 12-543: Three year limitation, Arizona State Legislature
  3. A.R.S. 12-508: Effect of acknowledgment upon barred action, Arizona State Legislature
  4. A.R.S. 47-3118: Statute of limitations, Arizona State Legislature
  5. A.R.S. 32-1021: Application for license, Arizona State Legislature
  6. A.R.S. 32-1001: Definitions, Arizona State Legislature
  7. A.R.S. 44-1201: Rate of interest for loan or indebtedness; medical debt, Arizona State Legislature
  8. A.R.S. 33-1131: Exempt earnings, Arizona State Legislature
  9. A.R.S. 25-215: Liability of community property and separate property for debts, Arizona State Legislature
  10. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  11. Publication 555: Community Property, Internal Revenue Service

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