Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Arizona
How long a creditor or debt collector has to sue you over a debt in Arizona, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Six years, as a written contract. A 2011 amendment wrote "a credit card as defined in section 13-2101" directly into the written-contract statute, §12-548(A)(2), and the Arizona Supreme Court applied it to credit-card debt in Mertola LLC v. Santos (2018). The 3-year open-account period does NOT apply to credit cards.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Under Mertola, a partial payment does not reset the clock — only a payment that fully cures the arrears (bringing the account current) re-accrues it. A time-barred Arizona debt is not revived by making a small payment.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Arizona classifies each debt type.
| Debt type | Limit in Arizona | How it's classified |
|---|---|---|
| Credit card | 6 years | Written contract (credit card named in the statute) |
| Written contract | 6 years | — |
| Oral contract | 3 years | — |
| Open account | 3 years | The 3-year open/stated-account period (§12-543) governs non-card oral and open accounts — not credit cards. |
| Promissory note | 6 years | Negotiable notes generally fall under the UCC (6 years). |
§12-548(A)(2) amendment (2011); Mertola (2018) (effective 2011-01-01): A 2011 amendment added "a credit card" to the written-contract statute (§12-548(A)(2)), setting the credit-card period at 6 years; Mertola LLC v. Santos (244 Ariz. 488, 2018) confirmed it and fixed accrual at the first uncured default.
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Arizona debtors get wrong
Arizona is the classic trap in the other direction: people assume credit-card debt is a short 3-year "open account," but since a 2011 amendment the statute names credit cards explicitly in the 6-year written-contract provision, §12-548(A)(2). The Arizona Supreme Court settled it in Mertola v. Santos (2018). The 3-year period in §12-543 still governs ordinary oral debts and non-card open accounts — just not credit cards. One tenant-friendly twist from Mertola: the clock starts at your first uncured missed payment, and a later "acceleration" doesn't reset it.
Common questions
How long can a debt collector sue me for credit-card debt in Arizona?
Six years. Since a 2011 amendment, credit cards are named in Arizona's written-contract statute, §12-548(A)(2), and the Arizona Supreme Court applied the 6-year period to card debt in Mertola v. Santos (2018).
Isn't credit-card debt only 3 years in Arizona?
No — that's a common but outdated belief. The 3-year period in §12-543 covers oral debts and non-card open or stated accounts. Credit cards were moved into the 6-year written-contract statute in 2011.
When does the statute of limitations start on an Arizona credit card?
At the first minimum payment you miss and never cure (the first uncured default). Under Mertola, an optional acceleration clause in the cardholder agreement does not push the start date later.
Can a payment restart the clock on old debt in Arizona?
Under Mertola, a partial payment does not reset the limitations clock — only fully curing the past-due balance re-accrues it. Still, never assume a debt is gone: the statute of limitations is a defense you must raise in court, not an automatic erasure.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.