Arizona Consumer Sued by Bartolini Finance for Deficiency on Auto Loan

Bartolini Finance, d.b.a. CNAC AZ 101 (also known as J.D. Byrider), recently filed suit in the Highland Justice Court to collect a deficiency balance on a car loan that defaulted and was voluntarily repossessed in March 2003. Under Arizona law, the finance company had four years from the date of default to file suit. That meant that Bartolini’s suit needed to be filed prior to March 2007. It was filed two years late in February 2009.

Statute of Limitations is Four Years Under Arizona Law.

Arizona Revised Statutes Section 47-2725 states that suit on the breach of a contract for the sale of goods must be brought within four years. A financed car purchase falls under this provision of the Arizona law, and failure to make payments under the contract, or repossession is clearly a default. Thus, a lawsuit to collect on an auto loan must be brought within four years from the initial default date or it is too late.

Statute of Limitations is an Affirmative Defense.

Many banks and finance companies still file suit even though the statute of limitations has run because the statute of limitations defense must be raised in the lawsuit by the consumer, and if he fails to do so, then judgment can be entered in favor of the bank or finance company. They gamble that most consumers will not fight the lawsuit and that they will be able to get a judgment by default. Because most Arizona consumers do not know their rights, the gamble pays off.

Don’t Waive Your Rights!

Arizona law provides protection to consumers if a lawsuit is filed after the statute of limitations has run. Don’t waive those protections! Fight back!

If you have been recently sued on an old car loan to collect a deficiency balance, find out what your rights are. Please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation.