Arizona Collections Questions & Answers
Q: What makes a contract void or voidable in AZ
Void and voidable are not the same thing. Please explain what you want.
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 »
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... Read more »
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 »
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?
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 »
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 »
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?
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 »
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 »
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... Read more »
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
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... Read more »
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 »
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?
I went to register a car today and i was told i have a restitution lien.
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 ?
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 »
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.
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.
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... Read more »
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?
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... Read more »
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 »
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 »
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 »
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... Read more »
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?
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... Read more »
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.
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... Read more »
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 »
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... Read more »
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 »
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 »
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 »
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?
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 »
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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