Tucson, AZ asked in Civil Litigation for Arizona

Q: I was served a summons for small claims as contracted sale dated January 29th 2015. Doesn't this fall under time barred

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: Plaintiff's claim might be time barred depending upon many factors including your contract. If dealing with an oral contract or open account the statute of limitations, ARS 12-543, is three years from the time the cause of action accrues. If you are working with a contract in writing, the statute of limitations, ARS 12-548, is six years from the time the cause of action accrues. But these are general rules and there are, of course, exceptions. I strongly recommend that you consult with an attorney, show him or her your contract and outline the facts. Once your lawyer has full information he or she will be able to let you know if you have a statute of limitations defense.

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