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The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More 
answered on Nov 15, 2023
Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More
The executor/beneficiary lives in NC and does not ride motorcycles. The bike is at a dealer in AZ and they want to get rid of it. The creditor has stated no interest in repossessing but will not release lien. In some states that is a violation of bankruptcy code. There is no money in the estate to... View More
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answered on Nov 5, 2023
If the creditor refuses to repossess the motorcycle or release the lien, and assuming the debt was discharged in the Chapter 7 bankruptcy, you may need to reopen the bankruptcy case to file a motion to compel the creditor to act. It’s also possible to negotiate with the creditor, explaining that... View More
I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More
answered on Oct 19, 2023
You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More
A person passed in Aug of 2022. He had completed ch7 but there was a secured loan on a motorcycle. The creditor won't repossess and the estate can't sell because they also won't release the lien. The estate does not have money to pay the loan off. Is what the creditor is doing legal... View More
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answered on Nov 5, 2023
In Arizona, creditors are not obligated to repossess collateral such as a motorcycle. If they choose not to repossess or release the lien, this is within their rights, although it can be frustrating for the estate handling the deceased’s affairs. The estate has a few options: One is to negotiate... View More
I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More
answered on Apr 23, 2023
A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More
In January, I was served by a collection agency. I contacted them and agreed to a payment arrangement. I’ve made a payment in January and in February, both on time, and noticed that the agency proceeded to file for a default judgment after I’ve made on time payments and agreed to a payment... View More
answered on Mar 7, 2024
Yes unless there was a specific agreement not to do so. You can file a motion to set aside the judgment.
-Received two certified letters, one addressed to me, one to sister-in-law.
-Certified letter indicating summary judgement refers to her as spouse, which she is not.
-The debt I have incurred is my own, I am disabled.
-I cannot pay at this time, how can I exonerate my poor sister-in-law.
answered on Sep 30, 2023
Your sister-in-law needs to file an answer stating that she is not your wife, nor is she liable to for the debt (unless she is).
I no longer work at that place or at all. So they have never garnished anything before. Does it still mean that my judgment is quashed?
In June 2017 I was president (in name only) of a company located in Phoenix Arizona. In April 2017 the company took out a $10,000 loan for business purposes, however, in June 2017 the company ceased doing business.
The loan was from a company in California. The loan was issued in April 2017... View More
answered on Jul 19, 2023
Being rushed like this is always suspicious and rarely a good idea.
They could lose depending on how documents were signed by you and other factors.
answered on Mar 5, 2023
While that is a clever idea, you would not be able to require payment. There are ways in which you can legally deter Creditors from calling, but doing so many encourage them to file a lawsuit. Consult with experiences attorneys.
I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... View More
answered on Mar 3, 2023
Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.
I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... View More
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... View More
answered on Jan 19, 2023
Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.
I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... View More
answered on Jan 16, 2023
The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.
The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?
answered on Jan 16, 2023
Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.
I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... View More
answered on Jan 11, 2023
Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.
A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... View More
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
If a creditor sued me and received default judgment then recorded it with the county, but later closed the account do I still have to pay them when selling the house?
answered on Dec 7, 2022
But later closed the account? You mean like a credit card? Yes, you have to pay the judgment.
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
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