Debt Collection, Garnishment, Repossession

questions & answers

Question: I have customers at work that have past due invoices that I try to collect on. Usually a certified letter works because they sign that they received the letter. But now I have someone that did not get the demand letter, so what is the next step that I attempt to collect with out hiring an agency? Not sure of the laws and I have tried to look them up but they are very confusing. Is there a giude that can give me the proceedures and laws on how to collect?

Answer:

- If a party sends a demand letter to a person in hopes of collecting on an unpaid debt, and that person doesn’t receive the letter, it may be best to try again. Certified letters are usually used because they meet the standards set out in the court rules. If subsequent attempts fail, and after attempted communications to pay the debt fail, the next step would be to file a lawsuit. Such would probably be done in a small claims court –depending on how much is owed. Once a complaint is filed, it must be served on the other party. This can be done by a sheriff, sheriff’s deputy, private process server registered with the clerk of the court, or any other person specially appointed by the court, 16 ARS RCP 4(d). This website here will take you to the Arizona Court Rules. The first link on the website is: “Rules of Civil Procedure for the Superior Courts of Arizona.” This describes the rules governing the whole process. Also, another good link is here, to the self-service center of the AZ courts. If civil is chosen from the list, it will direct a person to a section that will help a person through the process of creating documents required for Civil Cases. In any case, the costs and time associated with filing a lawsuit should be weighed against the amount to be collected to see if it is worth the effort. Also, consulting an attorney to help may also be very helpful, please see out website for possible legal aid options.

QUESTIONS

  • I have customers at work that have past due invoices that I try to collect on. Usually a certified letter works because they sign that they received the letter. But now I have someone that did not get the demand letter, so what is the next step that I attempt to collect with out hiring an agency? Not sure of the laws and I have tried to look them up but they are very confusing. Is there a giude that can give me the proceedures and laws on how to collect?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS