• Published On: January 20, 2022

    Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes Reprint from Gary Stickell’s website: January 19, 2022 The Arizona Homestead exemption increased from $150,000 to $250,000 as of [...]

  • The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Folks, Folks Hess, PLLC (1/2021). Excerpts: Can a lender collect upon a promissory [...]

  • Analysis of Enforcement of Money Judgments in Arizona Against a Judgment Debtor’s Residence / “Homestead” Property By Larry O. Folks (10/26/20) (reprinted with permission of author) Relevant Background Facts Judgment Creditor obtained a money [...]

  • Holding: Statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. […]

  • Published On: April 13, 2019

    Reprint from Consumer Affairs Desperate consumers enter into these agreements without fully understanding how they work. Generally, debt relief or debt settlement companies offer a service to debt-burdened consumers to intervene with creditors–in most cases [...]

  • Guest Post: Larry Folks, Folks Hess Kass, PLC  (See update below)On March 20, 2018, Arizona Governor Doug Ducey signed into law House Bill 2240, which extends, from five years to 10 years, [...]

  • Published On: February 5, 2018

    Some creditors may be paid through the bankruptcy, others are not so lucky. Some creditors are secured against collateral, such as a car or house; while others are unsecured, such as a credit card or [...]

  • A review of court records show many collection cases are deeply flawed, with incomplete ownership records and mass-produced documentation.   Private student loans wiped out – missing paperwork From the New York Times: “Tens of [...]

  • US Supreme Court May 15, 2017: Resolving a split of circuits, the Supreme Court held 5/3 in Midland Funding LLC v. Johnson  6-348 (Sup. Ct. May 15, 2017) that a debt collector who [...]

  • Published On: April 17, 2017

    What is a Judgment Debtor’s Examination The following applies to Arizona lawsuits and collection rights. When a creditor sues and obtains a judgment there are several options available in order to collect on the judgment.  [...]