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Arizona Collections Questions & Answers
1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

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... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

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... View More

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

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... View More

Barry W. Kaufman
Barry W. Kaufman
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...
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1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

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?

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Collections and International Law for Arizona on
Q: A Chinese Company reached out to me to recover money from past due accounts.

Sounds like an illegal scheme to me.

David Luther Woodward
David Luther Woodward
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),...
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1 Answer | Asked in Bankruptcy and Collections for Arizona on
Q: Does a judge have the authority to stop a wage garnishment at a request for hearing or only reduce it to 15%

I am claiming extreme financial hardship and have a date set for the hearing.

Timothy Denison
Timothy Denison
answered on Jan 25, 2022

Yes.

1 Answer | Asked in Collections and Small Claims for Arizona on
Q: I received a summons to appear in court for a debt collection, but I live out of state and have no way of attending.

I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.

Tim Akpinar
Tim Akpinar
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... View More

2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: My girlfriend has a court order detailing her ex-husbands responsibility for 100% of a medical debt.

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... View More

Cristina M. Lipan
Cristina M. Lipan
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...
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2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: I am currently retired and collecting a pension from my former employer. Can a creditor garnish my pension?

This is for Texas not Arizona.

Timothy Denison
Timothy Denison
answered on Mar 12, 2021

Yes.

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1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
PREMIUM
Andre L. Pennington
answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Personal Injury, Civil Rights and Collections for Arizona on
Q: I had a lawyer in a civil case and there was a settlement to be paid. He was paid. Should he follow up to retrieve money

So they had two years to pay the settlement and after that it would accrue interest. My lawyer was already paid and I was told when two years came if we needed we would go back to court. It’s been 13 yrs I contact the office a few times over the yrs and at one point told I wouldn’t have to pay... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2020

Depending on the facts of the underlying case, this could be something that an Arizona or Massachusetts attorney could advise best on. But your post remains open for two weeks. It isn't fully clear what happened here that has you waiting for the funds of your award. If your lawyer recommended... View More

2 Answers | Asked in Contracts, Banking, Collections and Lemon Law for Arizona on
Q: What makes a contract void or voidable in AZ
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 26, 2019

Void and voidable are not the same thing. Please explain what you want.

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1 Answer | Asked in Banking and Collections for Arizona on
Q: I just found out my bank is going through a process server. Unknown to me the bank had been using a debt collection

agency but they told me they were from my bank. When I called my bank about them and gave my bank the number they called from, my bank informed me that the numbers were fraud and not to deal with them. At the time my bank was having an issue with fraudulent calls posing as the bank trying to get... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2019

Whether you know it or not, you are avoiding the most important issue here by confusing it with a completely different unrelated issue that probably does not concern you.

First advice: If you owe any money to the bank and have not paid it back, the bank most likely sold the debt to a...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Arizona on
Q: I have been sued by Cavalry Portfolio in Arizona but not yet been served. How should I proceed?

I have found out about this lawsuit against myself only through receiving a letter from a local lawyer alerting me to this and offering a free consultation. Attached was a court code that let me validate this through an AZ court government lookup.

The plaintiff has not yet had any filings... View More

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

You should consult an attorney regarding this debt. Nothing can happen unless you are served so time is on your side. Your attorney can then determine potential defenses or potential offensive maneuvers to try.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on
Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... View More

Peter H. Westby
Peter H. Westby
answered on Aug 25, 2018

The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There... View More

1 Answer | Asked in Collections for Arizona on
Q: In AZ & received summons for a debt from 02/2012 for $3000. I want to deny the debt. Is it best to hire a lawyer?

I have an answer packet from the court but I want to fill it out using the best defense possible. Can I use SOL? I don't want to except this debt. Do I just put I deny the claim on the paper?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 10, 2018

You'll increase your chances of a decent resolution if you hire an attorney. You'll have to decide, however, whether it makes financial sense to pay an attorney by the hour to defend against a $3000 claim. My guess is that after you call a couple of attorneys and they tell you that they... View More

1 Answer | Asked in Child Custody, Child Support and Collections for Arizona on
Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim

Also need a family court attorney to help me when i am ill, to defend me against ex wife wanting more child support, while i am in hospital

unable to work, until I recover. But i am still paying $400.00 per mo. but ex wants $2000.00 a month and she makes $67,000 per yr. and

I can... View More

Randi Sirlin
Randi Sirlin
answered on May 12, 2018

You need to file a Motion to Modify Child Support. If there has been a 15% change in circumstances, you may file for what is called Motion to Modify Child Support, Simplified Procedure, so that you may not even have a court hearing.

If you need further assistance, you should call an...
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1 Answer | Asked in Divorce and Collections for Arizona on
Q: Divorce decree follow through...what to do if it's not being followed through with?

Ex-husband ordered to pay certain bill and now collection agency is calling me

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2018

While I can't give you legal advice, I can give you information Your situation is what the Court calls a, "Post-Decree" matter.

I would get proof that he is not paying the bills, and file for Contempt of Court. If you file for Contempt of Court, it is important that you...
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1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

A medical office billed for two types of visits on one day, which they didn't perform. I got the bill and have sent them the dispute, called and left messages and then sent check for the one visit, writing pd in full on the check. They cashed it and now sent me a bill adding 32.00 for late... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Arizona on
Q: How do I find information/pay off a Restitution lien?

I went to register a car today and i was told i have a restitution lien.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

Go to or call the courthouse where the restitution lien was issued from.

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