Arizona Collections Questions & Answers
Q: I just found out my bank is going through a process server. Unknown to me the bank had been using a debt collection
Bruce Alexander Minnick's answer
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 third party collection company. And it is not al all unusual for collection companies to lie to debtors and say they represent a bank, if they think it will get the debtor to pay up. In any event, your...
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 third party collection company. And it is not al all unusual for collection companies to lie to debtors and say they represent a bank, if they think it will get the debtor to pay up. In any event, your...
Q: I have been sued by Cavalry Portfolio in Arizona but not yet been served. How should I proceed?
Timothy Denison's answer
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.
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.
Q: Can a third party collection agency sue for an account charged off since 2012?
1 Answer
| Asked
in
Civil Litigation, Collections and Consumer Law
for
Arizona
on
Answered on Aug 25, 2018
Answered on Aug 25, 2018
Peter H. Westby's answer
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 may be other defenses available to you. These matters are all fact driven and, without knowing more of the facts, it is impossible to determine whether the collection agency is correct or whether you...
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 may be other defenses available to you. These matters are all fact driven and, without knowing more of the facts, it is impossible to determine whether the collection agency is correct or whether you...
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?
Ronald J. Eisenberg's answer
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 $200+ per hour that you will decide to defend the case pro se. There are a lot of resources available online, but without having gone to law school and practices law, you will be at a disadvantage....
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 $200+ per hour that you will decide to defend the case pro se. There are a lot of resources available online, but without having gone to law school and practices law, you will be at a disadvantage....
Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim
1 Answer
| Asked
in
Child Custody, Child Support and Collections
for
Arizona
on
Answered on May 12, 2018
Answered on May 12, 2018
Randi Sirlin's answer
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 experienced family law attorney.
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 experienced family law attorney.
Q: Divorce decree follow through...what to do if it's not being followed through with?
Randi Sirlin's answer
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 Arizona Rules of Family Law Court. You can find a copy of the Rules at azcourts.gov.
I hope this is helpful.
Thanks, Randi
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 Arizona Rules of Family Law Court. You can find a copy of the Rules at azcourts.gov.
I hope this is helpful.
Thanks, Randi
Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?
1 Answer
| Asked
in
Arbitration / Mediation Law, Products Liability and Collections
for
Arizona
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
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.
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.
Q: How do I find information/pay off a Restitution lien?
1 Answer
| Asked
in
Consumer Law, Civil Litigation and Collections
for
Arizona
on
Answered on Mar 2, 2017
Answered on Mar 2, 2017
Tevis Steven Reich's answer
Go to or call the courthouse where the restitution lien was issued from.
Go to or call the courthouse where the restitution lien was issued from.
Q: What are my odds of winning in claims court for eight thousand dollars i lended out to a friend.
Adam Studnicki's answer
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 writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
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 writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
Q: In a consumer case where a deficiency is sought, the creditor sold the collateral, car, at a private auction for much
Adam Studnicki's answer
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 legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...
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 legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...
Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?
1 Answer
| Asked
in
Bankruptcy, Collections, Consumer Law and Criminal Law
for
Arizona
on
Answered on Nov 23, 2015
Answered on Nov 23, 2015
Leonard Sominsky's answer
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 for prosecution by the County Attorney. Basically, writing a bad check in Arizona is a crime and you MAY be fined and serve time if the County Attorney takes the case. You should speak to an...
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 for prosecution by the County Attorney. Basically, writing a bad check in Arizona is a crime and you MAY be fined and serve time if the County Attorney takes the case. You should speak to an...
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
1 Answer
| Asked
in
Bankruptcy, Collections and Estate Planning
for
Arizona
on
Answered on Nov 8, 2015
Answered on Nov 8, 2015
Adam Studnicki's answer
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 information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
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 information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
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's answer
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 it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage...
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 it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage...
Q: I just received a notice from a collection on an parking ticket that was issued in 2001.is this a valid debt.
Adam Studnicki's answer
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 education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...
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 education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...
Q: i am faced with two problems.A bill collection from 95 has frozen my bank account. I never lived at given address.
Adam Studnicki's answer
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 engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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 engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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
Adam Studnicki's answer
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 that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
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 that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
Q: Q: Can i sue a creditor for giving me a credit card (w/o a co-signer) when i was 17 years old?
Adam Studnicki's answer
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.
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.
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?
Adam Studnicki's answer
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.
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.
Q: If a debt collection judgment was won against me in New Mexico, is interest allowed in a wage garnishment?
Adam Studnicki's answer
Judgments often accrue interest. Check with a lawyer to review and advise.
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 education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with...
Judgments often accrue interest. Check with a lawyer to review and advise.
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 education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with...
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