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Arizona Collections Questions & Answers
1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

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... Read more »

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

2 Answers | Asked in Consumer Law, Bankruptcy, Contracts and Collections for Arizona on
Q: Can/will credit card companies get a court order to place a lien on my potential newly purchased car?

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... Read more »

Timothy Denison
Timothy Denison
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.

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1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you change a sole proprietor business into an LLC in order to protect your personal assets after a judgment?

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,... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you file a writ of garnishment against a debtors Zelle, Venmo or Cashapp? Is the process different than thru a bank?

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?

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona on
Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

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... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Arizona on
Q: Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

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... Read more »

Timothy Denison
Timothy Denison
answered on Jan 9, 2023

Yes. Those are fraudulent transfers by the debtor that can be set aside.

1 Answer | Asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

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... Read more »

Timothy Denison
Timothy Denison
answered on Jan 3, 2023

You must include both husband and wife in your suit or it will fail.

1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: Can a creditor still collect on an account they closed?

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?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 7, 2022

But later closed the account? You mean like a credit card? Yes, you have to pay the judgment.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

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... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.

We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.

That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and...
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1 Answer | Asked in Collections and International Law for Arizona on
Q: A Chinese Company reached out to me to recover money from past due accounts.

Sounds like an illegal scheme to me.

David Luther Woodward
David Luther Woodward
answered on Apr 22, 2022

It could be!

I have received several offers of employment that included collecting and redistributing money, and every one of them was a dud. The usual ploy is that they send you a bogus cashier's cheque by courier, as you to clear the check (through your trust account, of course),...
Read more »

1 Answer | Asked in Bankruptcy and Collections for Arizona on
Q: Does a judge have the authority to stop a wage garnishment at a request for hearing or only reduce it to 15%

I am claiming extreme financial hardship and have a date set for the hearing.

Timothy Denison
Timothy Denison
answered on Jan 25, 2022

Yes.

1 Answer | Asked in Collections and Small Claims for Arizona on
Q: I received a summons to appear in court for a debt collection, but I live out of state and have no way of attending.

I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2021

This looks like something that a Wisconsin attorney could advise best on, but your post remains open for two weeks, and time is probably of the essence in your actions. Since these things can require responses in the order of around 20 or 30 days in many jurisdictions, reposting your question in... Read more »

2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: My girlfriend has a court order detailing her ex-husbands responsibility for 100% of a medical debt.

The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 3, 2021

Fair Debt Collection Practices Act (FDCPA) helps protect consumers.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809

You may want to retain an attorney to represent you, and see if you can get the collection...
Read more »

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2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: I am currently retired and collecting a pension from my former employer. Can a creditor garnish my pension?

This is for Texas not Arizona.

Timothy Denison
Timothy Denison
answered on Mar 12, 2021

Yes.

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1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
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Andre L. Pennington
answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Personal Injury, Civil Rights and Collections for Arizona on
Q: I had a lawyer in a civil case and there was a settlement to be paid. He was paid. Should he follow up to retrieve money

So they had two years to pay the settlement and after that it would accrue interest. My lawyer was already paid and I was told when two years came if we needed we would go back to court. It’s been 13 yrs I contact the office a few times over the yrs and at one point told I wouldn’t have to pay... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2020

Depending on the facts of the underlying case, this could be something that an Arizona or Massachusetts attorney could advise best on. But your post remains open for two weeks. It isn't fully clear what happened here that has you waiting for the funds of your award. If your lawyer recommended... Read more »

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