answered on Mar 5, 2023
While that is a clever idea, you would not be able to require payment. There are ways in which you can legally deter Creditors from calling, but doing so many encourage them to file a lawsuit. Consult with experiences attorneys.
I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... Read more »
answered on Mar 3, 2023
Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.
I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... Read more »
answered on Jan 19, 2023
Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.
I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... Read more »
answered on Jan 16, 2023
The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.
The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?
answered on Jan 16, 2023
Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.
I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... Read more »
answered on Jan 11, 2023
Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.
A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... Read more »
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... Read more »
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
If a creditor sued me and received default judgment then recorded it with the county, but later closed the account do I still have to pay them when selling the house?
answered on Dec 7, 2022
But later closed the account? You mean like a credit card? Yes, you have to pay the judgment.
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.
We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »
answered on Nov 2, 2022
Appoint a successor trustee and let them handle the transactions for you.
Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »
answered on Sep 30, 2022
Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.
I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »
answered on Sep 23, 2022
I'd advise you to do 2 things:
1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several... Read more »
Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?
answered on Jul 26, 2022
It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.
That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and... Read more »
Sounds like an illegal scheme to me.
answered on Apr 22, 2022
It could be!
I have received several offers of employment that included collecting and redistributing money, and every one of them was a dud. The usual ploy is that they send you a bogus cashier's cheque by courier, as you to clear the check (through your trust account, of course),... Read more »
I am claiming extreme financial hardship and have a date set for the hearing.
I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.
answered on Dec 24, 2021
This looks like something that a Wisconsin attorney could advise best on, but your post remains open for two weeks, and time is probably of the essence in your actions. Since these things can require responses in the order of around 20 or 30 days in many jurisdictions, reposting your question in... Read more »
The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »
answered on Aug 3, 2021
Fair Debt Collection Practices Act (FDCPA) helps protect consumers.
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809
You may want to retain an attorney to represent you, and see if you can get the collection... Read more »
This is for Texas not Arizona.
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