Tucson, AZ asked in Collections and Contracts for Arizona

Q: Can a collection agency proceed with a default hearing after a payment arrangement was agreed to and payments were made?

In January, I was served by a collection agency. I contacted them and agreed to a payment arrangement. I’ve made a payment in January and in February, both on time, and noticed that the agency proceeded to file for a default judgment after I’ve made on time payments and agreed to a payment plan. Are they still allowed to proceed?

Related Topics:
1 Lawyer Answer

A: Yes unless there was a specific agreement not to do so. You can file a motion to set aside the judgment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.