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.