William W. Fife III’s Answers

William W. Fife III

Mesa Debt Collection Attorney.

Contributor Level 14
  1. When should we request a hearing to lower the % deducted in a wage garnishment?

    Answered over 1 year ago.

    1. William W. Fife III
    2. Scott L Greeves
    2 attorney answers

    If and when you are hit with a garnishment, you will receive documentation that will allow you to request a hearing on the garnishment. In the hearing request form you can request a hearing to get the withholding percentage reduced from 25% to 15%. The Court pursuant to statute has discretion to lower the garnishment withholding percentage to 15% if the garnishment results in an extreme financial hardship. While you may want to avoid filing a bankruptcy, you should at least have a...

    Selected as best answer

  2. What does the US court do about default judgments?

    Answered about 1 month ago.

    1. William W. Fife III
    1 attorney answer

    The Court will not do anything. It is up to the party who obtained the judgment to take further steps to enforce or recover on the judgment.

    3 lawyers agreed with this answer

  3. What is the statue of Limitation on collecting funds from an individual that wrote a bad check on a title loan?

    Answered 2 months ago.

    1. William W. Fife III
    2. Daniel Dwight Bowen
    2 attorney answers

    If the title loan remains unpaid the bounced check isn't the time limit to be concerned about. The statute of limitations for debt arising from a written contract is six years. See A.R.S. 12-548. The statute of limitations began to run when the debtor became in default of the loan. Additionally, the statute of limitations is a defense that the defendant needs to raise. Also, if you have a lien against the vehicle's title you may be able to repossess the automobile. You may want an...

    3 lawyers agreed with this answer

  4. Collecting Small Claims

    Answered 2 months ago.

    1. William W. Fife III
    2. Andrea L Crawford
    3. Matthew Scott Berkus
    3 attorney answers

    Do you have the rental application? If the employer is listed you can attempt to garnish the wages. You can also higher a collection company to pursue them.

    3 lawyers agreed with this answer

  5. Can I be evicted if I pay the full amount before my court date?

    Answered 4 months ago.

    1. William W. Fife III
    1 attorney answer

    If the eviction is only for non-payment of rent, If you pay the entire amount including late fees, court costs and attorney fees you cannot be evicted.

    3 lawyers agreed with this answer

  6. My wife forged my name on a lease while we were separated. A collection company is coming after me. What can I do legally?

    Answered 5 months ago.

    1. William W. Fife III
    2. James P. Frederick
    2 attorney answers

    Are you still married? AZ is a community property state so your wife could legally bind you to the debt with or without your signature. If the separation culminated in a divorce you may have a good defense.

    3 lawyers agreed with this answer

  7. What about the tax refund for 2012 after filing chapter 13 ? Can i still receive my tax refund even if i file chapter 13?

    Answered 7 months ago.

    1. Diane L Drain
    2. William W. Fife III
    3. Krystal M. Ahart
    4. Evan A Nielsen
    5. Deborah F Bowinski
    5 attorney answers

    Generally, tax refunds are taken by the trustee as a supplemental plan payment.

    3 lawyers agreed with this answer

  8. Can my wages be garnished for my spouse's credit card debt?

    Answered 8 months ago.

    1. William W. Fife III
    2. John Clayton Schleiffarth
    2 attorney answers

    Unfortunately, the answer is likely yes. Arizona is a community property state, so, if he incurred the debt during the marriage you are equally liable for the debt. Also, the creditor must have sued you and obtained a judgment in order to garnish your wages.

    3 lawyers agreed with this answer

  9. Does an attorney have the responsibility to appear in person rather than telephonically?

    Answered 9 months ago.

    1. Robert A. Stumpf
    2. William W. Fife III
    3. Mark Alan Mackin
    4. David E Ledyard
    4 attorney answers

    I agree with what has been said by the other attorneys and only want to add that many attorneys bill for the travel time to and from Court and for the mileage as well. So, your attorney could be saving you the additional fees by not appearing in person.

    3 lawyers agreed with this answer

  10. If I marry someone that has previous outstanding credit problem... must I assume her outstanding debts?

    Answered 9 months ago.

    1. William W. Fife III
    2. Stephen M Trezza
    2 attorney answers

    The quick answer is no. The debts she incurred before the marriage are not community debts and you have no legal obligation to pay her debts. If you're not married yet, she may want to file bankruptcy to get rid of her debt and then if your credit is good you can help her in reestablishing her credit.

    3 lawyers agreed with this answer