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Arizona Collections Questions & Answers
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... Read 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... Read 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... Read 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... Read 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 charge... Read 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... Read 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 read the 2018...
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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 fees.... Read more »

William Head
William Head 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.

1 Answer | Asked in Car Accidents and Collections for Arizona on
Q: I have a judgement against my license. In the state of Arizona is there a statue of limitations on the debt ?

I got in a car accident and didnt have adequate insurance so the other parties insurance submitted a judgement against my license. I setup a payment plan and got my license reinstated but after getting laid off and missing a payment they suspended my license and want total due in full before... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2016

Talk to an attorney out there who handles license suspensions.

1 Answer | Asked in Collections for Arizona on
Q: What are my odds of winning in claims court for eight thousand dollars i lended out to a friend.

Five hundred of it is on a document that we had signed by a notary but the rest was in good faith. I have text messages dating back to the beginning of all these loans and two recorded messages where she admits she owes me the amount.

Adam Studnicki
Adam Studnicki answered on Feb 28, 2016

Hard to say definitively without additional information. Although a written contract is better for many reasons, many types of contracts in Arizona can be oral. Oral contracts can be harder to prove.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in...
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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: In a consumer case where a deficiency is sought, the creditor sold the collateral, car, at a private auction for much

less than wholesale value so can this be a defense?

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

More information is needed about the nature of the sale. A consumer protection, debt collection, debtor's rights or bankruptcy lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT...
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1 Answer | Asked in Bankruptcy, Collections, Consumer Law and Criminal Law for Arizona on
Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?

my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical... Read more »

Leonard Sominsky
Leonard Sominsky answered on Nov 23, 2015

Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it... Read more »

1 Answer | Asked in Bankruptcy, Collections and Estate Planning for Arizona on
Q: I have$14k in debt, with 11collection accounts on my credit and a score of 551. Should I pay them off or file bankruptcy

I have a little over $14k in debt, divided uo between 11 collection accts. The highest being a little over 1k to school, 8k for a car repo, and 2k for broken lease. I currently make $30k annually before taxes, I have a car payment and other household bills my boyfriend and I share, I'm afraid that... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There are legal, financial and personal preference aspects to your question. Best to sit down with a bankruptcy lawyer and go through the details and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Collections for Arizona on
Q: A property wrote off my debt from 7 years ago and sent it to Collectors who went out of business. Do I still owe them?
Adam Studnicki
Adam Studnicki answered on Oct 11, 2015

All civil claims have legal deadlines, but more information is needed to determine what deadline period applies in your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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2 Answers | Asked in Collections for Arizona on
Q: I just received a notice from a collection on an parking ticket that was issued in 2001.is this a valid debt.

This was a parking ticket on my daughters car that was registered in my name.it was her car but I had to put it in my name . This was paid and nothing was ever said again until now some 14 yrs later is this still a valid.

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

Not a lot of debt collection lawyers in Arizona answer questions here. You can look for a lawyer using the Find a Lawyer tool on Google.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: i am faced with two problems.A bill collection from 95 has frozen my bank account. I never lived at given address.

Yesterday i discovered there was a freeze/hold on my bank account. When i called my bank they gave a number to call. It was the number of a constable in NJ. i have lived in AZ 16 years. The constable gave me the number to the credit collection agency. When i called they informed me it was an old... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 19, 2015

A consumer protection of debt collection lawyer should be able to assist. You should try to determine if the debt is even still valid. The collection agency is required to comply with the Fair Debt Collection Practice Act.

Please Take Notice: I am not your lawyer unless we enter into an...
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2 Answers | Asked in Collections and Consumer Law for Arizona on
Q: I believe my identity has been used. I now have a freeze on my bank account and have no idea on how to prove residency

More detail

Yesterday i found out there is a freeze/hold on a joint account i use. The funds in this account belong to father of my kids. It can be verified threw direct deposit pay stubs. As I am understanding it someone opened a Verizon phone account in 95 in NJ. The address provided i am... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 19, 2015

A consumer protection of debt collection lawyer should be able to assist. The collection agency is required to comply with the Fair Debt Collection Practice Act.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information...
Read more »

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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: Q: Can i sue a creditor for giving me a credit card (w/o a co-signer) when i was 17 years old?

I received a solicitation from a bank and was given a credit card without a co-signer. A 3rd party debt collector sued me for the debt years later, and I lost. I represented myself for this case because I couldn't access ANY of my funds to pay an attorney (bank froze my accounts). I still feel that... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 17, 2015

Contracts entered into by minors may be voidable in certain situation, and it may be too late here. Talk to a local consumer protection or debt collection lawyer about your rights and options.

1 Answer | Asked in Collections for Arizona on
Q: Can i sue a creditor for giving me a credit card (w/o a co-signer) when i was 17 years old in AZ?

I received a solicitation from a bank and was given a credit card without a co-signer. A 3rd party debt collector sued me for the debt years later, and I lost. I represented myself for this case because I couldn't access ANY of my funds to pay an attorney (bank froze my accounts). I still feel that... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 17, 2015

Contracts entered into by minors may be voidable in certain situation, and it may be too late here. Talk to a local consumer protection lawyer about your rights and options.

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