Sylvia B. asked

⚖️  Law

Over twenty years ago in Arizona, I had a credit card with my mother. I was never a resident of Arizona, and I incurred over $5,000 in charges. My mother, who was a resident of Arizona, has died 15 years ago. Arizona has a tolling statute for the Statute of Limitations. According to the 9th Circuit Court of Appeals, a state tolling statute cannot apply to interstate commerce. Does the inherent nature of all credit cards imply that they are interstate commerce? I am trying to determine if the Statute of Limitations on my debt is in effect, or if because I do not have a presence in Arizona, the tolling statute would apply and the Bank or a third party who they may have sold the paper to could still have the right to legal action.

June 30th, 2023

Tyler M. answered

The 9th Circuit Court of Appeals, in line with the US Supreme Court, has ruled that tolling statutes...

June 30th, 2023

Sign Up to View Full Expert Answers

Create an account to view answers and interact with the community!