Legal Question in Credit and Debt Law in Arizona
Cerificate Arbitration
My boyfriend and I used to live in Az and now live in Ga. Today, someone came to our door saying he was Officer Morgan and flashed a badge that he was wearing around his neck. When I opened the door I found out he was a process server wanting to serve my boyfriend with papers that were from a Superior Court in AZ. My boyfriend who is a truck driver was not home so he left but said he would be back. He said the papers were a request to appear in court. After he left I went online to the courts website and there is a CCS - Cerificate Arbitration filed in civil court against my boyfriend for credit card debt. My question is what does all this mean and what can they do? Can they take his paychecks? What should he do? Is it too late to file for bankruptcy?
2 Answers from Attorneys
Re: Cerificate Arbitration
He should retain counsel immediately.
A bankruptcy, if appropriate, would stop collection efforts. Have him call me with details if he's in metro Atlanta.
Re: Cerificate Arbitration
I'm surprised the process server didn't leave the papers with you. But, if he didn't, then technically your boyfriend has not yet been served.
It sounds to me like your boyfriend is being sued for an unpaid credit card. In Maricopa County , if the amount of the lawsuit is between $10,000 and $50,000 then you have mandatory arbitration.
Once your boyfriend is served, he has 20 days to file an answer to the lawsuit. If he doesn't, he will lose by default. The default judgment can be enforced in Georgia.
I do not know if Georgia allows wage garnishments or not. Maybe Georgia attorney can add to this answer.
Your boyfriend really needs to talk to an Arizona attorney about this case.
No, it's not too late to file bankruptcy.
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