House of Representatives

HB 2412

credit card agreements.

Sponsors: Representative Weiers J, Senator Sinema



Committee on Banking and Insurance


Caucus and COW


As Transmitted to the Governor


HB 2412 adds a credit card to the type of debt that must be prosecuted within six years after the cause of action accrues.


Creditors and debt collectors have a limited time frame to initiate an action for debt (lawsuit) against debtors for nonpayment of credit card bills. That limit is set by a state’s statute of limitations. In Arizona, the statute of limitations for a contract in writing is six years after the cause of action accrues, or within six years of the date the contract went into default (Arizona Revised Statutes (A.R.S.) § 12-548).

Statute defines a credit card as “any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full therefor at a future time…” (A.R.S. § 13-2101).


·          Stipulates that an action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:

Ř        A contract in writing that is executed in this state.

Ř        A credit card as defined in the Criminal Code statute.

·          Stipulates that if there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action, the six year statute of limitations applies.



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·          Fiftieth Legislature

·          First Regular Session      2          April 11, 2011


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