Hopefully you have read our blog titled “3 Basic Steps of Collection Lawsuits in Arizona.” This blog will summarize the first critical step of a collection case in Arizona, which is to file the Complaint. The Complaint is the pleading that names the defendants and sets forth the allegations against them. This is a very important document and it should be drafted correctly.
The Complaint should name everyone who is legally responsible to pay the creditor. Failure to name a party in your lawsuit could be a very costly mistake. It may bar you from collecting from that party at a later date, or it may mean you would be required to file a new lawsuit against that party. Additionally, it is imperative that the creditor assert all the claims that it may have against the defendant(s). Thus, if the defendant is liable to the creditor under a promissory note, guaranty, or other type of agreement, the Complaint should include every allegation of liability.
Other allegations that should be included in the Complaint if they are allowed are an award of prejudgment interest, attorney’s fees, and post-judgment interest. The jurisdiction of your lawsuit and the terms of the contract between the parties will determine whether or not a creditor is entitled to seek these types of awards from the court.
Filing a lawsuit requires more than just filling out a simple form. A creditor must insure that it is seeking the proper relief from all of the correct people, or it could be an expensive mistake. Thus, it is important to retain knowledgeable and experienced legal counsel from attorneys like Marc Windtberg and Michael Zdancewicz.
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. We handle many types of business disputes on behalf of both creditors and debtors. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.