Arizona Collections Questions & Answers

Q: I have been sued by Cavalry Portfolio in Arizona but not yet been served. How should I proceed?

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Arizona on
Answered on Jan 7, 2019
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.

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
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...

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?

1 Answer | Asked in Collections for Arizona on
Answered on Jul 10, 2018
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....

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
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.

Q: Divorce decree follow through...what to do if it's not being followed through with?

1 Answer | Asked in Divorce and Collections for Arizona on
Answered on Jan 16, 2018
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

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
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.

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
Tevis Steven Reich's answer
Go to or call the courthouse where the restitution lien was issued from.

Q: I have a judgement against my license. In the state of Arizona is there a statue of limitations on the debt ?

1 Answer | Asked in Car Accidents and Collections for Arizona on
Answered on Jun 30, 2016
Peter Munsing's answer
Talk to an attorney out there who handles license suspensions.

Q: What are my odds of winning in claims court for eight thousand dollars i lended out to a friend.

1 Answer | Asked in Collections for Arizona on
Answered on Feb 28, 2016
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...

Q: In a consumer case where a deficiency is sought, the creditor sold the collateral, car, at a private auction for much

1 Answer | Asked in Collections and Consumer Law for Arizona on
Answered on Jan 13, 2016
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...

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
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...

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
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...

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?

1 Answer | Asked in Collections for Arizona on
Answered on Oct 11, 2015
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...

Q: I just received a notice from a collection on an parking ticket that was issued in 2001.is this a valid debt.

2 Answers | Asked in Collections for Arizona on
Answered on Aug 30, 2015
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...

Q: i am faced with two problems.A bill collection from 95 has frozen my bank account. I never lived at given address.

1 Answer | Asked in Collections and Consumer Law for Arizona on
Answered on Aug 19, 2015
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...

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

2 Answers | Asked in Collections and Consumer Law for Arizona on
Answered on Aug 19, 2015
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...

Q: Q: Can i sue a creditor for giving me a credit card (w/o a co-signer) when i was 17 years old?

1 Answer | Asked in Collections and Consumer Law for Arizona on
Answered on Aug 17, 2015
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.

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?

1 Answer | Asked in Collections for Arizona on
Answered on Aug 17, 2015
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.

Q: If a debt collection judgment was won against me in New Mexico, is interest allowed in a wage garnishment?

1 Answer | Asked in Collections for Arizona on
Answered on Aug 5, 2015
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...

Q: I am owed storage and late fees for a car and travel trailer what can I do? The owner will not respond to communicatiins

1 Answer | Asked in Collections for Arizona on
Answered on Aug 1, 2015
Adam Studnicki's answer
Talk to a local collections lawyer about your rights and options. A strong letter from a letter may help.

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...

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.