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Arizona Collections Questions & Answers
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...
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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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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.

1 Answer | Asked in Collections for Arizona on
Q: If a debt collection judgment was won against me in New Mexico, is interest allowed in a wage garnishment?

Judgement won against in New Mexico, though we are Arizona residents

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

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...
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1 Answer | Asked in Collections for Arizona on
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

These units were not authorized to be here. I did abandoned paperwork months ago but did accept rent on them. Now he will not answer and is late on paying

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

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...
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