1930 North Arboleda, Suite 201
Mesa, AZ 85213
1930 North Arboleda, Suite 201
Mesa, AZ 85213
Frequently Asked Questions
What is a Contract?
A contract is a bargained-for exchange of promises. Both sides must give up something to get something.
Contracts can be written or verbal. Receipts, invoices, proposals or credit applications are examples of written contracts so long as the bargain, the promises and exchange can be determined. Verbal contracts are very common, but difficult to prove, because it involves one person’s word against another.
To sue for breach of contract, a party must be able to show (a) it fully performed its side of the bargain and (b) it suffered a loss. The most common loss is money, i.e. someone failed to pay for something they received. There may be other forms of damage, such as incidental and consequential damages, or damages that naturally flow from the breach. Lost profits and liquidated damages are an example of consequential damage.
Parker Law Firm, PLC
Commercial Collections, Debt Resolution and General Civil Litigation.
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"From the moment I contacted Parker Law I knew I found the right Attorney to represent me. Honesty, knowledge of law, and relaxed environment sold me from the beginning. Settling out of court saved me thousands. Thank you Parker Law. I highly recommend potential clients visit with you."
Scott McLaine, Scottsdale AZ
I already have a judgment. Now what can I do?
The first thing to do is record the judgment. Once recorded, the judgment shows up as a lien against any money or property owned by the debtor in the county where the judgment is recorded and the debtor resides. Next, a judgment creditor may garnish a debtor’s wages or bank account. A court may order seizure of property, such as automobiles, boats, safe deposit boxes, furniture, antiques, weapons, or even force a sale of real property. If there is not a great deal of information about the debtor or its assets, the court can order the debtor to appear in court and answer questions under oath about its ability to pay the judgment. If the debtor fails to appear in court, a warrant can be issued for the debtor’s arrest for disobeying the court’s order.
I've just been sued on an old credit card. Now what do I do?
Consumer debt collection is a multi-billion dollar business. National collection agencies often pay pennies on the dollar for portfolios consisting of long past due and charged off credit card accounts.
During the debt collection process, you have certain rights under federal and, in some instances, state law. Debt collectors have to send you written proof that you owe the alleged debt, when you request the information. Debt collectors may not call you early in the morning, or late at night. They are also prohibited from using deceptive practices to try and get you to pay.
After a certain period of inactivity on a credit card account, a debt may become time-barred and debt collectors are no longer allowed to sue you for it. This period of time is known as the statute of limitations and varies by every state. However, it is up to you to prove that the statute of limitations has passed if they do end up suing you. Making a partial payment, a payment arrangement, or accepting a settlement offer on an old debt can restart the clock, giving the creditor or collector more time to sue you for that debt.
If you are uncertain about your rights, give our firm a call. We can consult with you, review any documents you have, and advise you of your rights and defenses.