If you are a creditor and you have accounts receivables you would like to collect, this blog will give you a general idea of what is involved in a collection lawsuit. The most important step is selecting the best attorney to represent you. For experienced and knowledgeable attorneys, contact Windtberg & Zdancewicz, PLC today.
Below is a summary of the basic 3 steps of a collection lawsuit in Arizona:
- Your attorney will draft a complaint (also referred to as a “petition” in some states) and have a process server deliver it to the defendant (person owing you the money).
- The defendant must file an answer or response to your complaint within 20 days after service of the complaint. If the defendant fails to do so, 10 days after the default application is filed, the court may enter a default judgment in your favor. Your attorney can then proceed with helping you collect on the judgment.
- If the defendant files an answer, a variety of things can occur including discovery and disclosures, arbitration, and a pretrial conference. Each of these activities moves you toward a trial. At the trial, a judge or jury will listen to the arguments and evidence of both sides and render a judgment. Once you have judgment in your favor, you can begin collection efforts against the defendant.
Obviously, this is a very brief description of collection lawsuits, but it gives you a general idea of what is involved. If you would like to learn how the attorneys at Windtberg & Zdancewicz, PLC can assist you with your collection matters, contact them today to schedule an appointment!
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.