Mertola LLC v. Alberto santos/arlene Santos
Arizona Supreme Court
1Opinion of the Court
JUSTICE BRUTINEL, opinion of the Court:
¶ 1 Mertola, LLC, sued Alberto Santos and his wife Arlene Santos (collectively, "Santos") to collect an outstanding credit-card debt. Although the credit-card agreement gave the creditor the option of declaring the debt immediately due and payable upon default, we hold that even if that option was not exercised, the cause of action to collect the entire debt accrued as of the date of Santos's first uncured missed payment. Mertola's claim was barred by the statute of limitations six years after that date pursuant to A.R.S. § 12-548(A)(2).
I. BACKGROUND
¶ 2…
2Cases cited9 opinions
- Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of AmericaArizona Supreme Court · 1995
- Taylor v. First Resolution Invest. Corp. (Slip Opinion)Ohio Supreme Court · 2016
- Smither v. Asset Acceptance, LLCIndiana Court of Appeals · 2010
- Wentland v. StewartSupreme Court of Iowa · 1945
- BASELINE FINANCIAL SERVICES v. MadisonCourt of Appeals of Arizona · 2012
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