I recently got a letter from an attorney claiming that we owed a debt to an apartment complex for move out charges that we are still in dispute over. I went online to see if the attorney is legit, and found a few reviews that said he had achieved a garnishment judgment on people without even serving any papers. Is this possible? Should I be worried that he can garnish my wages? This is in the state of Arizona, I have checked the county records and there was a case entered against us nearly a month ago, but no calendar events scheduled. Should we file an answer immediately, or wait to see if we get served?

A: If there is a case against you but it was filed less than 30 days ago, it is probably not too late!

If the lawyer is following the rules, then he cannot get a judgment against you, garnishment or otherwise, without giving you notice. It’s possible the case has been filed but not yet served on you—which means that nothing could be entered against you yet.

It is important that you contact an Arizona collections attorney regarding this if you are concerned that a judgment might be entered without your knowledge. Our firm handles this sort of matter.

* 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.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.
Re-posted from AVVO Legal Questions & Answers.

I left an apartment 3 months before my lease was up. They recieved a judgment against me in the amount of 1100.00. The collection agency is not willing to work with me at all. I was told that the only way they can garnish my wages is if they have a judgement against me. If i go to the court and pay the 1100.00 judgment, can they still garnish my wages?

Also, if i miss a payment arrangment that I have made with this collection agency, how long will it take them to get what they need to garnish my wages? And if i pay of the judgment before that time, what will happen then. I am trying to figure out how much time i will have when i miss the payment today to get that judgment paid.

Additional information
They are trying to collect a total of $3800.00 dollars from me. I just want to know if i pay off the 1100.00 judgment, can they still garnish my wages.

A: The judgment creditor can only garnish if there is a valid judgment. However, if that judgment is more than the original $1,100, then you will need to pay the entire amount to avoid future garnishment and other collection actions. Contact an Arizona collections lawyer for further information.

Brad Denton
Re-posted from AVVO Legal Questions & Answers.

My wife of 13 yrs recently inherited money, and wants to buy a house, but we do not want her inheritance or the house to end up in the hands of my ex-spouse. Because the judgment for attorney’s fees was obtained through dishonesty and legal tactics, I am appealing and will resist paying it as much as possible. If my wife buys a house as her sole and separate property, and if I remove my name from the titles of our cars (which are paid off), will that protect these assets against judgment collection? Does holding assets in a trust protect them? I work as an IT contractor. Would forming a corporation for receiving wages help me avoid the possibility of a wage garnishment, should my ex eventually figure out where I work?

A: The short answer is that your wife’s inheritance can be protected from the judgment if it is managed properly. Your other questions are a little more complex and require more information to answer. You must be very careful in taking these sorts of actions because you could make yourself subject to a claim for fraudulent. For more detailed answers, it is best to contact an Arizona collections lawyer.

* 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.

Brad Denton
Re-posted from AVVO Legal Questions & Answers.