Lawyers Explain Judgments in Phoenix

Judgments in Phoenix

In Arizona, having a judgment against debt owed to a creditor can drastically impact your financial health. One adverse effect of receiving adjustment comes by way of wage garnishment. Often, creditors that hold a judgment against an Arizona resident will seek to garnish his/her bank accounts and wages to satisfy a debt. There are a variety of options available to Arizona residents who currently have a creditor judgment. If you or anyone you knows has a judgment, it is best to work with an attorney to assist you with the process.

Motion To Vacate The Judgment

Arizona Rules of Civil Procedure provide a process to remove a judgement, granted that there are grounds for doing so. Because most debt-driven judgments come by way of default by the debtor, often it is unclear if proper notice of lawsuit was given.

Sometimes, a debtor was never properly served regarding the lawsuit in question. Debtors are expected to explain why they waited to file a motion (excusable neglect) and provide a defense to the lawsuit if one exists.

Fraud and lack of jurisdiction are also grounds for setting aside a judgment. It’s recommended that you speak with an experienced Phoenix debt attorney regarding the judgement.

Settling Judgments

Though it may seem simple, settling a judgment can be more complicated than it appears. Debtors must fully understand their judgment and the conditions granted upon settling.

Before settling any judgment, several facts regarding the case must first be answered, which typically can be best handled by an experienced Arizona bankruptcy attorney. A judgment that has already entered some form of garnishment can be extremely hard to settle. Many creditors may be unwilling to settle the judgement once garnishment of wages has started.

With a lack of options, many debtors find filing bankruptcy to be the best form of relief from a judgment in Arizona when unable to easily pay the full amount owed to the creditor.