Legal Opinion

Mertola LLC v. Alberto santos/arlene Santos

Arizona Supreme Court

Decided July 27, 2018No. CV-17-0109-PRPublishedCited by 4 opinions

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

  1. Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of AmericaArizona Supreme Court · 1995
  2. Taylor v. First Resolution Invest. Corp. (Slip Opinion)Ohio Supreme Court · 2016
  3. Smither v. Asset Acceptance, LLCIndiana Court of Appeals · 2010
  4. Wentland v. StewartSupreme Court of Iowa · 1945
  5. BASELINE FINANCIAL SERVICES v. MadisonCourt of Appeals of Arizona · 2012

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3Cited by4 opinions

  1. Donges v. USAA Fed. Sav. BankDistrict Court, D. Arizona · 2019
  2. Donges v. USAA Federal Savings BankDistrict Court, D. Arizona · 2019
  3. Donges v. USAA Federal Savings BankDistrict Court, D. Arizona · 2019
  4. William Donges v. Usaa Federal Savings BankCourt of Appeals for the Ninth Circuit · 2020

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