Frequently Asked Questions
Honest answers to the questions Arizonans ask us most about bankruptcy, debt collection lawsuits, and consumer law
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What to know about Chapter 7 and Chapter 13 bankruptcy in Arizona.
How much does it cost to file bankruptcy in Arizona?
Arizona Consumer Law Group offers transparent flat-fee pricing with payment plans available. Costs vary based on whether you file Chapter 7 or Chapter 13 and the complexity of your case. Schedule a free consultation to get an exact quote for your situation.
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 bankruptcy discharges most unsecured debts (like credit cards and medical bills) in about 3-4 months with no repayment plan. Chapter 13 involves a 3-5 year repayment plan and is used to catch up on mortgage or car payments, or when you earn too much to qualify for Chapter 7.
Will I lose my house or car if I file bankruptcy in Arizona?
Most people who file bankruptcy in Arizona keep their home and car. Arizona has generous exemption laws that protect equity in your home, vehicle, household goods, and retirement accounts. Our attorneys analyze your assets before filing to ensure everything important is protected.
Does bankruptcy stop wage garnishment and debt collectors?
Yes. The moment your bankruptcy is filed, an automatic stay goes into effect that immediately stops wage garnishments, debt collector calls, lawsuits, and most collection activity. This federal court protection applies to all creditors.
How long does bankruptcy stay on my credit report?
A Chapter 7 bankruptcy stays on your credit report for 10 years and Chapter 13 stays for 7 years. However, most clients see their credit scores recover within 1-2 years after filing because unmanageable debt is eliminated.
Debt Collection Lawsuit Questions
What to know if you've been sued — or threatened with a lawsuit — by a debt collector.
What should I do if I'm being sued by a debt collector in Arizona?
Do not ignore the lawsuit. You typically have 20-30 days to respond in Arizona. Failing to answer results in a default judgment against you, which can lead to wage garnishment and bank account levies. Contact an Arizona debt defense attorney immediately — many cases can be dismissed or settled favorably when properly defended.
Can I be sued for a debt that's old in Arizona?
Arizona has a statute of limitations on most consumer debts — generally 6 years for written contracts. If a debt collector sues you on a time-barred debt, you have a strong defense and may even have a claim against them under the Fair Debt Collection Practices Act (FDCPA).
Do I really need an attorney to fight a debt collection lawsuit?
Yes. Debt collectors file thousands of lawsuits knowing most consumers won't respond or fight back. Having an experienced Arizona debt defense attorney dramatically increases your chances of getting the case dismissed, reducing the amount owed, or settling on favorable terms.
Can debt collectors garnish my wages in Arizona?
Only after they obtain a court judgment against you. Arizona law allows up to 25% of disposable earnings to be garnished. Successfully defending or settling a lawsuit before judgment prevents garnishment entirely.
What common debt collectors sue people in Arizona?
We regularly defend clients against lawsuits from Midland Credit Management, Portfolio Recovery Associates, LVNV Funding, Cavalry SPV, Discover Bank, Capital One, Citibank, and Velocity Investments. Many of these cases have strong defenses available.
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