Tag Archives: Phoenix litigation attorney

After 3 out of 5 years have passed towards the expiration of a judgment, would the count start over if debtor files a motion?

A judgment can be renewed so it won’t expire after 5 years if an action is filed on the judgment. The creditor has made no effort to collect the judgment for 3 years. I am considering filing an action for abuse of process or fraud upon the court to have the judgment vacated. Would filing this action cause the 5 year expiration timer to reset and start over in the event that my action to vacate the judgment failed? I suspect the creditor will renew the judgment, but just in case she forgets, I don’t want the judgment to be extended on my account.

A: It would be very unlikely that you would win a lawsuit for abuse of process at this late stage. Your best bet is probably to wait and hope the judgment creditor forgets to renew. Certain kinds of creditors are more likely to forget than others.

* 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.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-posted from AVVO Legal Questions & Answers.

Does a request for a hearing delay garnishment?

In an Arizona case, recently received “Initial Notice to Judgement Debtor of Garnishment” and “Writ of Garnishment and Summons” from the plaintiff’s attorney. From the Garnishee, received a copy of the “Answer of Garnishee”. With both filings there were slightly different forms included for my use (Defendant) to request a hearing. If I request a hearing, is the Garnishee required to wait until after the hearing to begin withholding or garnishing wages?

A: Yes, filing an objection will delay things. However, you will probably want to consult with an Arizona collections lawyer about your objection to make sure it is legally justified.

* 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.

Arizona Garnishments

Q: In the state of Arizona can a business account be garnished from multiple member LLC’s with out a judgement against the LLC?

A: A creditor could send a garnishment to the LLC, demanding that any amounts the LLC would otherwise pay to the debtor must be sent to the creditor. In other words, the creditor might be able to get to money the LLC owes to one of its owners or employees. But unless there’s a judgment against the LLC, the creditor could not garnish the LLC’s money. Garnishment laws can be tricky, though, and your questions doesn’t have a lot of details. You will probably want to consult with a lawyer before making any decisions related to garnishment.

* 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 am an independent contractor 1099 Real Estate Broker in AZ can unsecured debt credit card company collect garnishment?

Citibank and Dillards obtained a judgment against me in 2008 for a debt default in 2005 there is a garnishment at my place of business although with 1099 IRS status I am self employed. How can they collect? Since I am self employed.

A: A garnishment can be valid against payments to you, even if you’re not an employee. You may want to look into whether the garnishment was properly done, whether the parties named are correct, and whether other procedural issues have been followed. You might have some defenses. However, it is NOT a defense that you are an independent contractor. Best of luck!

* 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.

Is it possible for a lawyer/collection agency to achieve judgment without serving a summons?

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.

If I pay off a judgment that an apartment complex obtained against me, can they still garnish my wages?

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.

Can my wife protect her assets against collection attempts for recent judgment ordering me to pay $25,000 to my ex-spouse?

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.