Monday, March 17, 2008

Conflicts of Law, Statute of Limitations

Credit card agreement -- Limitation of actions -- Conflict of laws -- Choice of law provision in agreement makes Arizona law applicable to account, and three-year Arizona statute of limitations applies to actions on non-written agreements and open and stated accounts -- Allegations of complaint and generic, unsigned customer agreement attached thereto did not sufficient assert claims based upon written contract -- Cardholder agreement attached to complaint did not contain all material terms required to establish all elements of claim and was not sufficient to constitute a written contract -- Where cardholder agreement provides that creditor had right to sue when debtor first missed payment, creditor's cause of action accrued on first date payment was missed, not on date debt was “charged off” -- Complaint was not brought within three-year limitations period required by Arizona law and is dismissed with prejudice
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