Debt Defense – Arizona Procedure

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    How Consumer Debt Cases Move Through the Arizona Court System

    If you’re sued for credit card debt, a personal loan, a medical bill, or a private student loan in Arizona, the case will follow specific court procedures.

    Knowing what happens and when can help you defend your case, negotiate a settlement, or avoid a default judgment.

    1. Arizona Court Structure for Debt Cases

    Most consumer debt lawsuits in Arizona are filed in one of these trial courts:

    • Justice Court

      • Handles civil claims up to $10,000 (excluding interest, costs, and fees)

      • Simplified procedures compared to higher courts

      • Appeals go to Superior Court

    • Superior Court

      • Handles claims over $10,000

      • More formal procedures, full discovery allowed

      • Jury trials available

    2. How a Debt Lawsuit Starts in Arizona

    A. Filing the Complaint

    • The creditor (or debt buyer) files a Complaint stating:

      • The amount owed

      • The legal basis for the claim

      • Supporting facts or exhibits (account statements, contracts)

    B. Service of Process

    • You must be served with:

      • The Summons (states your deadline to respond)

      • The Complaint (outlines allegations)

    • Service is usually by sheriff, constable, or licensed process server.

    3. Time to Respond

    • You have 20 calendar days from the date you’re served to file a written Answer with the court (30 days if served outside Arizona).

    • Your Answer must be filed with the court and a copy sent to the creditor’s attorney.

    If you don’t respond:

    • The creditor can request a default judgment, which allows immediate collection efforts.

    4. Pretrial Process

    • Justice Court:

      • May set a pretrial conference to discuss settlement, scheduling, and motions.

      • Discovery is allowed but limited in scope compared to Superior Court.

    • Superior Court:

      • Case is assigned to a judge and placed on a timeline with deadlines for discovery, motions, and trial.

    5. Discovery (Evidence Exchange)

    • Justice Court: Interrogatories, requests for documents, and admissions are allowed, but subject to court-imposed limits.

    • Superior Court: Full discovery — written discovery, depositions, subpoenas, and expert disclosures.

    6. Motions

    Common motions include:

    • Motion to Dismiss — Claims the lawsuit is legally deficient.

    • Motion for Summary Judgment — Asks the court to decide without trial because no material facts are in dispute.

    • Motion to Compel — Forces the other side to provide discovery responses.

    7. Trial

    • Justice Court: Bench trial (judge only); simpler rules of evidence.

    • Superior Court: Bench or jury trial; follows the Arizona Rules of Civil Procedure and Rules of Evidence.

    The creditor must prove:

    1. They own the debt (important in debt buyer cases)

    2. You entered into a valid agreement or account

    3. The amount claimed is correct

    8. Judgment

    If the creditor wins, the judgment may include:

    • Principal owed

    • Pre- and post-judgment interest

    • Court costs

    • Attorney’s fees (if allowed by law or contract)

    Judgments in Arizona are valid for 10 years and can be renewed for another 10 years.

    9. Post-Judgment Collections in Arizona

    Creditors can:

    • Garnish wages — Up to 25% of disposable income (less if you earn below certain thresholds)

    • Levy bank accounts — Seize funds (some benefits like Social Security are exempt)

    • Place liens on real property — Can force sale in some situations, subject to AZ’s homestead exemption

    10. Appeals

    • From Justice Court to Superior Court: You generally have 14 days from the date of judgment to file a Notice of Appeal.

    • From Superior Court: Appeals go to the Arizona Court of Appeals.

    11. Common Defenses and Legal Violations

    • Statute of Limitations: Most written contracts have a 6-year limit from the date of default or last payment.

    • Lack of Standing: Debt buyer cannot prove ownership of the account.

    • Improper Service: Lawsuit not served according to Arizona rules.

    • FCRA / FDCPA Violations: False credit reporting or abusive collection practices.

    Key Takeaways

    • Arizona’s 20-day response deadline is short — act immediately to avoid default.

    • Debt buyers often lack necessary documentation — demand proof.

    • Even if you owe the debt, negotiation or settlement may save money.

    • Some assets and income are exempt from collection — know your rights.

    📞 Facing a debt lawsuit in Arizona?
    We defend consumers across Arizona in Justice and Superior Courts and fight to protect wages, bank accounts, and property from improper collection. Call 855-978-6564!