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aguerrero1981 · Jun 11, 2011, 10:57 AM

I took a loan out with a bank 10 almost 11 yrs ago for about $1500, a payment hasn't been made on the account for about 9 to almost 10 yrs. Can they sue me for it 10 yrs later? The loan was taken out in Arizona

ScottGem · Jun 11, 2011, 11:04 AM

The SOL for contracts in AZ is 6 years. Based on your account, it would appear they can't file suit. However, that doesn't mean they can't continue to try and collect on the debt.

aguerrero1981 · Jun 11, 2011, 11:21 AM

That is what I thought but I received a letter from a superior court stating a transfer of caseto a judge and a petition in support of supplemental Proceedings. I am very confused in this all, does this mean they can garnish my wages now?

ScottGem · Jun 11, 2011, 11:39 AM

Was anything said about a judgment order? Anything about responding or a hearing?

There could be several possibilities here. Could be a judgment was obtained several years earlier within the SOL and they are trying to enforce it now. Could be they believe they are within the SOL.

aguerrero1981 · Jun 11, 2011, 11:44 AM

Can they do that legally? It does say on there that there was an order of appearance filed by the plaintiff (the bank) on March 30.

ScottGem · Jun 11, 2011, 12:09 PM

Do what legally? I really can't answer without seeing the document you received. If a hearing was held without your receiving proper notification, then you can ask for any ruling to be vacated on grounds of improper service.

Fr_Chuck · Jun 11, 2011, 12:18 PM

There are 1000' of debts that are outside the SOL limits that are sued for every month. The fact is, most people don't defend or even show up in court and the lender ( banks, credit card companies and more) just win by default.

Also this was just a personal loan ? Not secured by or with anything ?

Next no payment or no agreement to pay was made since the dates you gave ?