Facing a debt collection lawsuit case with an upcoming arbitration hearing. Need advice on defense option.
Asked in Phoenix, AZ on July 6, 2026 Last answered on August 3, 2026I am currently facing a debt collection lawsuit. I have an arbitration hearing scheduled. I have previously submitted a prehearing statement and documentation disputing the debt and validity of service, citing financial hardship. I am looking for legal advice on my defense options leading up to the arbitration hearing.
1 answer
I apologize for not seeing your question sooner. I was not aware that there was the ability to ask questions through this portal.
If you have submitted a prehearing Statement which outlines your position, that is an important step in this process.
I am not certain what you mean by validity of service. Would that be validity of the service of the Summons and Complaint?
Unfortunately, if you did incur the debt financial hardship is not a good defense.
What you should know is that since the passage of Prop 209 in Arizona in 2022, individuals who earn less than about $51,000.00 are not judgment proof, but they are essentially "collection proof". Your wages cannot be garnished. See A.R.S. Section 33-1134. Furthermore, the first $5,000.00 in a bank account is exempt from garnishment.
I hope this helps.
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