Arizona Collections Law is unique. Each state in the union has a different law to abide by. Debt collectors have several methods that they can employ to collect on a past due debt. Before creditors can start the process, they must go to court to receive a judgment. Once the judgement has been received, the creditors have several options.
Among the most common methods used by debt collection agencies is wage garnishment. What basically happens here is that the judgment creditor will contact the debtor’s place of employment and by law, the employer must deduct a certain portion of the debtor’s wages out of every paycheck that they receive. Maximizing the amount the judgement creditor asks for is something that a good Arizona Collections Attorney can help with. An Arizona Collections Attorney can fight for the best resolution, whether representing the judgment creditor or debtor.
Garnishment of Bank Accounts
Arizona Collections Law states that a creditor has the right to take money in a debtor’s account and use the money to pay off the judgment. When working with for a debtor, an Arizona Collections Lawyer can ensure that if a debt collection agency is attempting to garnish a bank account, it is going by the proper state procedure. An Arizona Collection Lawyer can also make sure that a creditor maximizes its recovery to pay a debt. Many times states will put limitations on the amount that can be garnished, as well as what types of funds can be garnished. One must be well versed in the law to know the loopholes, but an Arizona Collections Lawyer can review his or her state’s laws to find if a bank account can be garnished.
If you are owed money and don’t quite understand all of your rights, get someone who does. Don’t let a situation where you have options get out of hand, and definitely don’t be taken advantage of.
Q: I earned an Order requiring the Defendants to pay me x amount of money for my fees and costs. Do I need to submit a Judgment form too?
Or is the ‘Order Awarding fees and costs’ [to me] the same thing as a judgment? The judge granted my Application for Fees and Costs with an Order Granting Application for Fees/Costs (to Plaintiff [me]) . It was dated and stated who owed me how much and at what percent of interest accruing per annum. Can I use that to get a writ of garnishment or execution? If not, would I just submit a Judgment form, filled out in accordance with the Order and wait for the judge to sign it?
A: If this is the final ruling of the court then yes, it will essentially be the same thing as a judgment, and you should submit a form of judgment to the court with a blank to enter your attorneys’ fees. But if this is part-way through the case, say as sanctions for a discovery violation, then you wouldn’t submit a form of judgment. The devil could be in the details on this one. It might be worth it to pay a lawyer for an hour of time to make sure you’re doing things right.
* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
Start: Phoenix, Arizona
1. Head west on W Washington St toward N 1st Ave 0.5 mi
2. Turn right onto N 7th Ave 0.8 mi
3. Turn right to merge onto I-10 E toward Tucson 2.2 mi
4. Take exit 147A to merge onto AZ-202 Loop E 16.2 mi
5. Take exit 16 for Gilbert Rd 0.4 mi
6. Turn right onto N Gilbert Rd 1.0 mi
7. Turn left onto E McKellips Rd 1.5 mi
8. Turn right onto N Arboleda
Destination will be on the right
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