“The Butler Law Office assisted me with collecting money damages from a breach of contract. Although I was skeptical at first, they knew all the issues involved in my case and they were right on in his predictions of the outcome. The Butler Law Office resolved my whole case without ever having to file a lawsuit. They convinced the other party to pay me what I needed and he kept my legal bill low by working efficiently. I highly recommend trusting The Butler Law office with your legal disputes.

My home in AZ had power of sale in April of this year. I have a HELOC that is attempting recourse. What assets will they take?

The laws surrounding your situation include to much detail to explain here. Arizona has “exemption” laws that protect some of your assets from creditors like the one you mention. You can find a list of the Arizona exemption on the Arizona Bankruptcy Court’s website: http://www.azb.uscourts.gov/documents/arizona_e…

If you have the right attorney, you may be able to settle this debt for a fraction of the amount you now owe. I have seen incredible settlements in the last year. Many banks are looking for win-win situation where they get the most they believe they can get and the debtor is allowed to move on. If a debtor files for bankruptcy, the bank often gets much less than they may get in a settlement. This requires an analysis of your financial situation and of what property of yours is protected under the exemption laws. Another consideration is that there can be tax consequences from settling a debt. I recommend contacting an attorney so you can get a comprehensive view of your situation and determine your best options.

“The Butler Law Office took the time to explain the details regarding my concerns and provided advises focused on my best interest. He was professional and trustworthy. I am grateful to know The Butler Law Office and highly recommended them to everyone.”

-Eric

My tenants currently have a signed lease with me from May 2010 to May 2012. Due to the fact that the house is in the foreclosure process and has an auction date of March 30th, (which they are aware of) the tenants have stopped paying their rent and want to stay in the house for free. I am working with the bank on a modification as to try and save the house. The tenants will be 2 months overdue with their rent as of Feb. 8th. How do I get the money they owe me, and evict them?

There is definitely a learning curve to understand the eviction and debt collection process. Luckily for you, the Arizona Justice Courts have a self help packet that contains forms for you to fill out and will walk you through the process. Some of the justice courts have information clerks and self-help centers also. The laws governing this issue are contained in the “Arizona Residential Landlord Tenant Act” which can be found here: http://www.azsos.gov/public_services/publicatio…

As far as the foreclosure sale and the loan modification, I imagine you may have other financial problems as well. I recommend scheduling an initial consultation with a debt/ residential real estate attorney. Even if you do not want to hire an attorney, obtaining an evaluation of your situation and advice for a strategy going forward can be invaluable.

“I highly recommend Butler Law Office for Small Business representation. Butler Law gave me great advice and fought and settled a contractor lawsuit in my favor. They also settled a creditor lawsuit and a city tax problem for payments that my business could afford. The result was affordable payments and certainty that I am able to keep my business license and stay in business. Butler Law has great knowledge of the laws and communicated with me through the whole process.”

-Ben

“I was truly satisfied with Butler Law Office’s work on my legal problems. I needed help with settlement of a real estate debt and I needed to lower the commercial lease payments for my business. Both of these problems were successfully resolved and I was able to keep my business open. All of my communication with the Butler Law Office was timely and handled well. I enjoyed working with the Butler Law Office because it is a small firm where I got very personalized service.”

-Melissa

We have just been notified of a Request for Summary Disposition. What does this mean?

Chandler, AZ

We lost a suit against us in Dec of 2011. We did not file an appeal to the court judgment as we felt it would not do us any good. Does this new request just mean the plaintiff can now start collection proceedings? Such as wage garnishment, bank levy, etc? Also, if the judgment w/legal fees was over $11k can we be forced into an involuntary bankruptcy? What is an order of Turnover? If an order for wage garnishment is approved will we be given instr on how to respond? Will we be given instr on how to respond to a Req for Debtors Exam? Should we request a Debtors Exam if we owe more in our home than its worth or have no other property and our bank acct only has Soc Sec pmts? Our only other income is my husbands wages.

Thank you!

As far as what any specific court document means, I would have to see the document. If you have had a judgment entered against you, the creditor may do any number of things to collect, most of which you have mentioned in your question. If they attempt a wage garnishment, you will get notice of it, but your employer will likely start holding back a portion of your wages before you have a chance to respond to the garnishment. If they attempt a bank account garnishment, you will get notice of the garnishment, but the bank will likely freeze your funds before you get the notice. Social Security income is “exempt”, so if they collect it, you have the right to get it back. It would be to your benefit to make it clear which of your income is from social security so they do not mistakenly take it. If you cannot afford to have your wages garnished (they could take up to 25% of your disposable income), then I advise speaking with a debtor/bankruptcy attorney as soon as possible. Depending on your financial situation, a good attorney should be able to work out a settlement of the judgment to cut down the debt amount and to obtain payments you can afford. If you file bankruptcy, this judgment would likely be wiped out in the bankruptcy, unless the judgment was for fraud or certain types of injury. I hope this helps.