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Debt Relief Guide

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Arizona Debt Relief Laws

According to Arizona Revised Statutes Sections 32-1001 to 32-1057, debt collections practices adhere to the Fair Collections Practices Act. State law also requires that all debt collectors and collections agencies are bonded and licensed.

In the state of Arizona, debt collectors must adhere to the following standards:

  • Debt collectors cannot add fees to current debt
  • Collectors cannot threaten debtors or engage in misleading practices
  • Debt collectors cannot send consumers fake legal documents or make misleading statements (such as saying fees or charges will be added to debt when they are prohibited by law)
  • Debt collectors cannot misrepresent his or her company or identity (by saying they are from the government or an attorney)

Although Arizona law prevents consumers from suing debt collections agencies and collectors for violating these standards, any creditor or collection agency that violates these standards will have its license revoked.

Arizona Wage Garnishment Exemptions

The state of Arizona complies with federal law for wage garnishment where the lessor of two of the following can be garnished in the attempt to recover debt:

  • The amount of the debtor’s income which exceeds 30 times minimum wage or
  • 25% of the debtor’s disposable income to cover all debts

Under Arizona debt relief law, “disposable income” for garnishment is considered to be income left after legally mandated deductions (ie. FICA, state employee retirement or unemployment contributions) are made from the debtor’s paycheck.

Arizona Statutes of Limitations

Two types of statutes of limitations (SOLs) apply in Arizona. State law allows for up to three years to collect credit card debts and open accounts and six years on most contracts.

However once the creditor obtains judgment Arizona law provides the creditor with up to five years to collect on the judgment delivered in Arizona court. Four years if the judgment was handed down in another state court.

Arizona Credit Card Debt Relief Act of 2010

The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:

  • The number of fraudulent or weak performing credit card companies are gone
  • Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
  • Increased, open communication from creditors--more information is provided to help you eliminate your loans
  • Debt settlement companies cannot request upfront fees from clients

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