Rule 55 - Default; Default Judgment (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule. (2)Application for Default.
A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or the date of the proceeding, whichever is later. The moving party must deliver a copy of the motion to the other party on the date of filing.
In Arizona, a judgment is initially effective for ten years after the date of its entry, and execution must be accomplished within that period.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arizona, a judgment lien can be attached to real estate only (meaning a house or similar property).
Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of ten years after the date it is given on all real property of the judgment debtor in the county in which the judgment is recorded, whether the property is ...
Collection Methods There are 2 primary methods to collect a debt: Writ of Garnishment or Writ of Execution. Writ of Garnishment is often referred to as garnishing a debtor's wages. A written notice is served to both the debtor and the debtor's employer or financial institution.
If you write a letter, instead of using the tear-off form, the debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or ...
Respond to their communication in writing saying something along the lines of: Dear sirs, Thank you for your communication dated xx, the contents of which have been noted. I do not recognise this alleged debt, and require you to prove this alleged debt.
DEBT RECOVERY Steps to collect a debt. Firstly, the debtor should be sent one or more letters that detail all the facts surrounding the debt and the actions that will be taken if the funds are not repaid immediately. Mediation. Beginning legal proceedings. Statute of limitations.
A person is judgment proof when all their income and property are exempt from creditors' claims under the law. A debtor who has no savings or assets and no job (or a low-paying job) can also be considered judgment proof. (Basically, you have nothing the creditors can legally take from you even after winning a lawsuit.)