• 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.  [...]

  • I was in financial turmoil for various reasons and was running scared

    "I was in financial turmoil for various reasons and was running scared" G.S. Five years ago, I was in financial term oil for various reasons and was running scared. I did not know what to do or how how was going to get out of the mess [...]

  • Diane Helped Me Understand the Process

    “She helped me understand why and how certain steps were necessary...” N.G.. I greatly appreciated Diane's thoroughness and ability to explain the process. She helped me understand why and how certain steps were necessary which reassured me that this was the right decision to make and that [...]

  • Again, thank you

    "Again, thank you." D & J Again, thank you. You made this unpleasant experience very calming and reassuring for both me and my wife.