Statute of Limitations

V

V. Johnson

New Member
Jurisdiction
Arizona
On 10-23-2000 I entered into a rental agreement with the State of AZ, Dept. of Transportation and rented a property that they had acquired in the process of buying land for a new freeway.

On about 10-18-2001, I fell behind on my rent and entered into a written acknowledgement of the indebtedness on 02-06-2002.

On 12-09-2015, I received a summons for breach of Rental Agreement and the Repayment agreement.

My question is: Does the Statute of Limitations for Breach of Contract (6 Yrs) apply to this case and if so, how do I go about filing a Motion to Dismiss for this case?

I have to respond by tomorrow to be within the 20 day time frame.

Any advice would be greatly appreciated.
 
You have to raise the Statute of Limitations as an affirmative defense in your answer to the complaint. There may be other defenses that you would have to raise.

I have some experience with AZ courts (though I am not a lawyer and I don't give legal advice) so answer the following important questions one by one:

How much are you being sued for?

What court and location? Show me what it says at the top of the summons and complaint.

Have you lived in any other states between 2002 and the present? Provide the inclusive dates.

What, exactly, does the complaint allege? Quote the numbered allegations word for word, redacting any identifying information.

What, exactly, was written into your acknowledgement of the debt? It would help if you quote it word for word but without the identifying information.

If you can't, or won't, follow my instructions exactly as specified, then the best advice I can give you is either get to a law library today and look for samples or get yourself to a lawyer's office and write him a retainer check.
 
V. Johnson said:
On 10-23-2000 I entered into a rental agreement with the State of AZ, Dept. of Transportation and rented a property that they had acquired in the process of buying land for a new freeway.

On about 10-18-2001, I fell behind on my rent and entered into a written acknowledgement of the indebtedness on 02-06-2002.

On 12-09-2015, I received a summons for breach of Rental Agreement and the Repayment agreement.

My question is: Does the Statute of Limitations for Breach of Contract (6 Yrs) apply to this case and if so, how do I go about filing a Motion to Dismiss for this case?

I have to respond by tomorrow to be within the 20 day time frame.

Any advice would be greatly appreciated.
Click to expand...


It appears you're asking if there's a SOL for breach of contract.

Take a look at the information about breaches in AZ:


Arizona's Statute Of Limitations For Contracts: 480-646-9382



Statutes of Limitation in Arizona


Never wait until the last day to submit your answer.

That ship sailed.

So, what are you attempting to accomplish?

Do you wish to avoid a judgment for the amount allegedly owed?

Are you still occupying the property?

If you are still in possession of the premises, you haven't breached the contract.

Is the plaintiff trying to dispossess you and recoup monies you allegedly owe under the contract?

Is this a landlord-tenant issue, or a breach of contract issue?

If the landlord is trying to collect any monies unpaid, you answer using laches and the SOL.


The doctrine of laches, as argued with the SOL in AZ:


Arizona Statutes of Limitation Facts

Have you considered filing a chapter seven bankruptcy?

If you're still occupying the unit, I don't think arguing the SOL will be of any value to you. Why? Because you aren't necessarily in breach of the covenant, if you're still occupying the property.

If its the debt that troubles you, a bankruptcy buy you time via the automatic stay upon the mere filing of such an action.

Bankruptcy will also allow you to overcome the debt and any existing or future judgment.

In order to assist you better, we need to know what you've gotten yourself into, what you're trying to accomplish, and if you're still occupying the premises. Frankly, with what you've revealed I see doctrine of laches being far more useful over the SOL, with a BK resolving everything in your favor. That said, pleae clarify things a bit.


One last thought.
The acknowledgement of debt form you signed would be meaningless with a successful bankruptcy.

Thanks.
 
I am being sued for:
principal amount of $5,500.00
pre-judgement interest rate of 4.25%
post-judgement interest rate of 4.25%
costs incurred, together with after-accruing costs
and such other and further relief as the Court may deem just and proper.

In the Superior Court of the State of Arizona in and for the County of Maricopa

I have not lived in any other state since 2002 and have resided in the Phoenix area

1. Plaintiff, State of Arizona, is a sovereign state of the United States of America and is a body politic. The Arizona Dept of Revenue is an agency of the State of Arizona.

2. Defendants, (myself and non-existant husband) are or were at times relevant hereto wife and husband and all acts complained of herein

3. Proper venue for this action is in this court pursuant to A.R.S. 12-401(17)

4. Defendant executed a Rental Agreement with Plaintiff on October 23, 2000 agreeing to make regular rent payments to Plaintiff in the amount of $1,100.00.

5. On or before October 18, 2001, Defendant breached the terms of the Rental agreement by failing to make regular rent payments required, leaving an indebtedness due and owing Plaintiff.

6. On February 6, 2002, Defendant executed a written acknowledgement of the indebtedness to Plaintiff in the amount of $6,400.00 and agreed to pay regular payments of $1,000.00 per month, in addition to her regular rent payments, beginning February 1, 2002

7. Defendant breached both the Rental Agreement and the Repayment Agreement by failing to make payments as outlined in both agreements.

8. Despite having been duly demanded, Defendant has failed, refused, or neglected to pay Plaintiff.

9. After application of all credits to which Defendant is entitled, Plaintiff has been damaged in the prindipal amount of $5,500.00.

The Repayment agreement is as follows:

I agree to pay $1000/month until my balance of $6,400 through January 2002 is paid in full. Payment should be made out to Arizona Department of Transportation, Right of Way Operations Section, and then the address.
 
This is the first contact I have had from them. I have always had my address updated through the postal service and have filed taxes every year. I have not been hiding.
 
I don't see a breach, IF you're still occupying, living, using the property.

If you're still on the property, the meter is still running.

How much are you alleged to owe?

When did you cease paying the $1,000 a month?

Is your rent current?

I do see a POSSIBLE laches defense.
 
I suspect you're being you hounded by a debt collector scavenger.

Some enterprising conman has purchased the paper (MAYBE) for 2-3¢ on the DOLLAR.

I definitely see this scam attempt as being time barred, as in the SOL.

That's your major defense, with laches thrown in for good measure.

You also need to demand the plaintiff produce the ORIGINAL note, as well as the AOD.
 
V. Johnson said:
I vacated the property on or about April 1, 2002.
Click to expand...

Then your default date was on or before April 1, 2002, somewhere around when your next payment was due after the last one you made.

You would certainly hav an SOL defense and I agree that a laches (google it) defense could also apply. A third defense might be lack of mitigation (google that, too). And then there's the old standby "Plaintiff fails to state a claim on which relief can be granted" which should also be included even if it makes no sense to you.

Here's a couple of resources that may guide you through creating your answer:

Examples of Answering Summons/Complaint Credit Card Debt Lawsuit

http://www.masslegalhelp.org/consumer/forms/answer.pdf

There are a few others at the following search results:

sample answer to complaint for debt at DuckDuckGo

Draft your answer ASAP and post it here so we can get a look at it before you file it.
 
Last edited:
V. Johnson said:
So then filing a Motion to Dismiss is the proper answer?
Click to expand...

Not exactly.

The title of your response will be "Answer."

You'll create your answer in the format suggested in the resources I posted.

At the end of the document you ask for "dismissal with prejudice" (so the lawsuit can't be refiled).

You mail a copy of the answer to the plaintiff when you file it with the court.

At the end of answer you include an affidavit of service basically saying you mailed it to the plaintiff on the date mailed. You can find that wording online, too.

If the court grants your dismissal, your done with it. If it doesn't you'll enter the Discovery period which we will be happy to discuss when the time comes.

Oh, explain further the "non-existent" husband thing. You might need to address that in your answer.
 
Last edited:

Share this page

Get a free case review from a lawyer
Back
Top