How to Answer a Summons for Debt Collection in Arizona (2025)

What Are a Summons and Complaint?

When a creditor sues you for debt, you receive two documents: a Summons and a Complaint. A process server typically delivers these papers to you. Sometimes a sheriff delivers them or they arrive via certified mail. This process is called “service of process” or “being served.”

Dodging the process server won’t help your case. Servers are often allowed leniency in regards to service. If the server makes several unsuccessful attempts to serve you, the court may accept notice in a publication instead of personal serving.

The Summons is an official document that explains you’re being sued in civil claims court. The Complaint outlines what the other party says you’ve done. It lists what they want in return. It does not necessarily mean you have done these things.

What Is an Answer?

The creditor suing you is the plaintiff. You are the defendant. The plaintiff must provide you with written information about the lawsuit. You must provide a written response called an Answer.

The Answer is a brief summary of whether or not you agree with the plaintiff on each allegation. It is not a detailed narrative of events or explanation of financial hardship.

Do You Have to Answer a Complaint and Summons?

You aren’t required to Answer an Arizona Summons or Complaint. However, ignoring one means a judgment can be made against you without your input. The plaintiff often receives everything they ask for when the defendant doesn’t respond.

Big debt collection agencies count on you taking no action. Inaction lets them collect with minimal effort. The allegations don’t even need to be true.

Can You Answer a Summons Without an Attorney?

You aren’t forced to hire a lawyer to respond to a debt collection Summons. You may prefer to work with an attorney if you have a complicated case. You can also complete the Answer on your own. Our partner Solo can walk you through the paperwork and submission process quickly.

What If My Arizona Summons Lists a Jane Doe?

The inclusion of “John Doe” or “Jane Doe” as a defendant on court paperwork generally means something specific. The plaintiff believes the defendant is married. They are suing the spouse as well. In these cases, the spouse should file alongside the named defendant and sign the paperwork too.

What Is the Arizona Deadline for Answering?

You have 20 days from the date of service to respond. That means 20 days from the time you received the documents. Not 20 days from the date stamped on the papers.

The deadline depends on how you were served. If you were served while you were in another state, the deadline is 30 days. If the creditor published a notice of your Summons in a publication, you have a 50-day window in state. You have a 60-day window out-of-state.

What Is the Statute of Limitations on Debt in Arizona?

Per the AZ statute of limitations, debt typically cannot be collected after six years. A.R.S. § 12-548 addresses contracts in writing and credit cards. It allows the plaintiff to sue for up to six years after the cause of action accrues.

The AZ statute of limitations on debt is reduced to three years if there was only an oral agreement. This is per A.R.S. § 12-543.

Statute of Limitations on Debt in Arizona

• Oral Contract: 3 years
• Open Account: 3 years
• Credit Card: 6 years
• Medical: 6 years
• Student Loan: 6 years
• Auto Loan: 6 years
• Mortgage: 6 years
• Personal Loan: 6 years
• Judgment: 10 years

Where Can I Get Answer Forms in Arizona?

Generic Arizona Answer to Summons forms are available through county court websites. You can also find them through the official Arizona Judicial Branch website. Our partner Solo can help with all case types.

What Are the Steps to Respond?

There are four primary steps involved in Answering a debt collection case in Arizona.

Step 1: Create the Answer Document

Use an Answer form and include the unique details of your case:

• Your personal contact information such as name, address, and phone number
• The plaintiff’s contact information
• The court’s information
• Case details such as the case number

Step 2: Answer Each Item in the Complaint

You should respond to each allegation in the Complaint. There are three ways to respond:

• Admit the allegation
• Deny the allegation
• State that you do not have enough information to know whether the allegation is true or false

The plaintiff has the burden of proof in the beginning stages of a lawsuit. If you deny the allegations, the plaintiff must prove otherwise. This usually requires more work and time on the plaintiff’s part.

Attorneys generally recommend not admitting anything is true that you’re not wholly certain of. If you don’t know your account number, don’t admit that you owe a certain amount. If you’re not sure that the plaintiff has jurisdiction, don’t admit it’s true. Some attorneys even advise defendants to deny every allegation in their Answer.

Step 3: List Affirmative Defenses if Applicable

The standardized Arizona Answer form contains roughly 20 potential affirmative defenses. These assert that the plaintiff does not have a case because they’ve done something wrong. Some of the most commonly used affirmative defenses include:

• Statute of Limitations: It’s been more than six years since you broke your written agreement or three years since you broke a verbal agreement to pay the debt.
• Insufficient Service of Process: You weren’t given the Summons and/or Complaint properly.
• Estoppel: The plaintiff led you to believe they would not enforce the contract.
• Payment: You’ve paid some or all the debt.
• Statute of Frauds (SOF): The agreement between plaintiff and defendant was not in writing but it needed to be in writing for it to be legally enforceable.

The only time you can bring certain defenses forth is when you provide your written Answer. If you fail to mention an affirmative defense at the onset, the court may not recognize it later. Consider every avenue you might take before submitting your Answer. Check every box that’s applicable.

This is not the time to tell your side of the story. The burden of proof is on the plaintiff and not you. Keep your Answers as brief as possible.

Step 4: File with the Court and Serve the Plaintiff

Once your paperwork is completed and signed, file the original copy with the court. You can send the documents to the court through the U.S. mail. You can also deliver the papers to the court clerk. Our partner Solo can file for you and can even handle overnight delivery.

You must also send a copy of the Answer to the plaintiff. If they have a lawyer, send it to their attorney. Despite being referred to as “service,” you do not need to hire a process server. It can be sent via regular mail to the address included in the paperwork you received.

The Answer should include a Proof of Service. This declares that you have submitted the Answer to the court and plaintiff’s attorney. It includes the mailing addresses.

Remember to keep a copy of the Answer for yourself as well.

Your Arizona Court May Charge You a Filing Fee

Unfortunately, some state courts charge an Answer filing fee. Arizona is one of those states.

In Arizona, you must pay anywhere from $40 to $245 to file an Answer to your debt lawsuit. It all depends on which court your case is in.

The practice of courts charging an Answer filing fee is absurd. We think it’s one of the biggest impediments to justice in the United States.

If you have our partner Solo file your response and your court charges a filing fee, we’ll let you know. We automatically calculate your filing fee and make it easy for you to pay it. We make sure that payment gets to your court on time.

Settle Your Debt in Arizona

After you’ve taken the proper steps necessary to respond to your debt lawsuit, consider reaching out to your creditor. Negotiate a debt settlement.

As part of a debt settlement, you will make an agreement with the plaintiff. You’ll pay off a portion of your debt in order to clear your name. If you are experiencing financial hardship, many creditors and collectors will work with you.

Whether it’s setting up a payment plan or paying a lump-sum percentage of the debt, settling is better than waiting for your wages to be garnished. This could happen if you lose the case.

Do the Arizona Fair Debt Collection Practices Act Guidelines Apply?

The Fair Debt Collection Practices Act (FDCPA) creates federal guidelines that protect consumers. The FDCPA outlines several things creditors cannot do. It also lists things they must do when attempting to collect a debt.

A creditor cannot:

• Call you before 8am or 9pm
• Make threats of any kind (including threats of wage garnishment, property seizure, or arrest)
• Contact you if you’ve said debt is not yours
• Make false statements

A creditor must:

• Send you a written Validation Notice within five days of their first contact to you
• Include in the Validation Notice who you owe money to, the total amount owed, and what to do if you think the debt isn’t yours
• Communicate only with the lawyer if you’ve found an attorney to represent you

You still need to respond to a Complaint even if the creditor violated the Fair Debt Collection Practices Act. However, the FDCPA offers recourse if a debt collector is behaving unethically or harassing you.

The Arizona Attorney General’s website offers a consumer reporting portal. This may result in criminal charges against the creditor in violation of the act. In a separate case, you may be entitled to statutory and actual damages. These cover everything from emotional distress through lost wages.

Additional Protections Under Arizona Law

Arizona requires debt collections agencies to register and be licensed with the state. In addition to compliance with the FDCPA, Arizona has further regulations regarding debt collection.

Arizona 32-1055 describes unlawful acts. It is unlawful for a person to conduct a collection agency in this state without having first applied for and obtained a license.

Arizona Debt Collection Laws Prohibit Unfair Practices

Like all other states, Arizona uses the Fair Debt Collection Practices Act (FDCPA) to protect its residents. Most debt collectors use any means possible to get their money. They often violate consumer rights.

The Act states that Arizona debt collectors should not:

• Call you countless times a day
• Call late at night or very early in the morning
• Use intimidating or threatening language to force you to pay
• Talk about your debt with friends, coworkers, or family
• Use social media to shame you that you have a debt with them
• Contact you after sending a cease and desist letter
• Fail to verify your debt after sending a Debt Validation Letter
• Take you to court after the debt has expired

In addition to these guidelines, Arizona’s revised statutes § 32-1055 require debt collection agencies to be licensed. They should obtain a license from the Arizona Department of Insurance before they start collecting debt.

The statute also states that it is unlawful for a debt collector to threaten to sell a debt so that the consumer pays.

This section of Arizona debt collection laws also requires debt collectors to notify the department before ten days are over when they want to change the company’s name. These agencies regularly change their names to shield themselves from negative consumer reviews.

If you encounter a new debt collector you haven’t interacted with, research their history. Ensure they comply with the law. If they haven’t, use the unlawful business practice as your affirmative defense in a lawsuit.

Arizona Predatory Debt Collection Act

Another way Arizona protects its residents from unfair collection practices is by using the Arizona Predatory Debt Collection Act (Prop 209). This limits how far debt collectors can go in collecting medical debt.

The provisions accomplished the following:

• Increased homestead exemption to $400,000
• Protected personal assets increased to $5,000 for bank accounts, $15,000 and $25,000 (for disabled drivers) for vehicle value, and $15,000 for household goods
• Put a limit for medical debt interest rate at 3%
• Decreased wage garnishment by 10%

These new adjustments were meant to prevent Arizona residents from undergoing devastating financial situations. They prevent people from becoming hopeless and homeless due to emergency medical debt.

If a debt collector in Arizona has violated the FDCPA or Predatory Debt Collection Act, report them. Contact the attorney general’s office. Phoenix: 602-542-5763, Tucson: 520-626-6504, and outside Phoenix or Tucson: 800-352-8431.

You can escalate the matter to the Federal Trade Commission (FTC) on their website or call 877-382-4357. You can also contact the Consumer Financial Protection Bureau (CFPB) online or call 855-411-2372.

Find Debt Relief in Arizona

If you have an outstanding debt weighing you down in Arizona, you are not alone. According to Experian consumer debt statistics for 2023-2024, the average resident has a debt of $115,963.

Consumers have difficulty paying their account balances. Debt relief could be a viable option to help manage their debt situation. The following are three main strategies to get debt relief in Arizona:

• Snowball method: The snowball strategy entails paying off your smallest debt first as you make minimum payments on your other higher debts. After you clear the smallest debt, you go to the next smallest debt as you work upwards.
• Avalanche method: The avalanche strategy requires you to pay off the debt with the highest balance or interest rate. Like the Snowball method, you still make minimum payments on the other debts. After clearing the first balance, you go to the next highest debt.
• Consolidation: If you have multiple debts that seem overwhelming to manage, consolidate them into a single debt. Take a new credit card with favorable terms and transfer your debts to it. Or take a personal loan with a better interest rate to pay off all the other debts.

If you feel like you cannot do it for yourself using the above methods, sign up for a debt consolidation program. You’ll receive guidance from professionals. Choose a reputable company that specializes in offering these services. Look for a non-profit credit counseling company.

In the program, you will be assigned a credit counselor to help you assess your financial situation. They’ll show you how to budget and save money to pay off your debts. They will contact the creditor to negotiate for a lowered debt amount, reduced interest rate, or waive the late fee charges.

Check the Status of Your Arizona Court Case

Arizona allows you to check the status of your case in the Arizona Public Record Law Court. Certain cases are confidential. These include mental health, juvenile delinquency, and probate proceedings. Information on victims and witnesses to cases is also not available to the public.

Before you access your court case, you must know the three court levels and where your case falls:

• Limited Jurisdiction at Level 1: The courts included here are the municipal or city courts and the Justice of Peace Courts. Debt collection cases belong here.
• General Jurisdiction at Level 2: The Superior Court of Arizona, which is a Trial Court, falls under this level. It has statewide jurisdiction.
• Jurisdiction on appeal at Level 3: The highest courts at this level are the Court of Appeals and the Supreme Court. Small claims cases rarely get to this level.

To find your court case in Arizona, you must know which courthouse filed your case. You will find the name at the top end of your Summons letter. If not, use the case number to find the exact case file and status.

Access Your Arizona Court Case Online

To access your case, go to the Arizona Judicial Branch website. It has a Public Access to Court Information tool. This connects you to the court records for Municipal and Justice courts.

If your case is in Maricopa County, you will access it using the Maricopa County case search tool. Search using your full name or case number.

Cases in the Superior Court are accessed through a web-based portal called eAccess. You must register and pay a monthly subscription fee to get the records.

Stop Wage Garnishment in Arizona

Wage Garnishment can cause your financial situation to worsen. It can stall your plan of becoming financially free. The Arizona wage garnishment laws still protect you from experiencing a severe blow to your income.

The garnishment process starts after a creditor wins a debt collection case. Even after they win, they cannot begin garnishing your wages without notifying you and your employer.

The Arizona Revised Statutes § 33-1131 states that a debt collector can only garnish the lesser of the following two amounts:

• Your disposable income exceeds 60 times the federal minimum wage ($7.25 per hour)
• 10% of your weekly disposable income

Disposable income includes earnings from your job, bonuses, commissions, and retirement plans or pensions.

Arizona protects the income of those enrolled in a debt counseling organization recognized by the state. Ariz. Rev. Stat. § 12-1598.10(B) outlines that no creditor can garnish your wages if you are on a debt settlement or consolidation program.

Stop Wage Garnishment Before It Happens

One of the best ways to prevent wage garnishment in Arizona is by offering to settle the debt. Make sure the offer you make is relatively low. Creditors will usually respond with a counteroffer. You must leave yourself room to let the offer grow.

Another option is to consolidate the debt. Transfer the credit card debt to a new one. Take a loan to pay off the debt and remain with a new loan with a better repayment plan. You’ll have no risk of garnishment. But you must keep up with the payments on this new debt to avoid being sued again.

If a debt collector sues you, prevent them from winning the case. Respond to the lawsuit with a Debt Answer document. Sending an Answer blocks the creditor from receiving a default judgment. It reduces their chances of getting a wage garnishment order.

Are There Any Legal Aid Organizations in Arizona?

There are several organizations in the state of Arizona that offer low-cost or free legal services. You must demonstrate financial need. If you need legal assistance and cannot afford to hire a lawyer at their standard rates, contact one of these organizations:

Community Legal Services, Inc.
https://www.clsaz.org/
(800) 852-9075
305 South 2nd Avenue, P.O. Box 21538, Phoenix, AZ 85036-1538
Counties Served: La Paz, Maricopa, Mojave, Yavapai, Yuma

DNA-Peoples Legal Services, Inc.
https://dnalegalservices.org/
(800) 789-7287
Route 12, Highway 264, P.O. Box 306, Window Rock, AZ 86515
Counties Served: Coconino and reservation areas in Apache and Navajo

Southern Arizona Legal Aid, Inc.
https://www.sazlegalaid.org/
(520) 623-9461
2343 E Broadway Blvd #200, Tucson AZ
Counties Served: Pima, Santa Cruz, Pinal, Navajo, Apache, Gila, Cochise, Graham, Greenlee

Recap: How to Answer a Summons in Arizona

Complete the Arizona Answer form and file it within 20 days of receipt of your Summons and Complaint. Ensure that you:

• Answer each issue/paragraph on your Complaint
• Assert your affirmative defenses
• File your Answer with the court and send a copy to the plaintiff

You can use our partner Solo to streamline the process and submit your paperwork to the court.