You have 20 days. That is the most important number in your life right now.
If you just received a Summons and Complaint in Arizona, the clock has already started. If you do nothing, you lose. The court will hand the debt collector a “default judgment,” which allows them to garnish your wages or drain your bank account without asking you again.
But if you fight back? You pause their attack. You force them to prove they own the debt (which they often can’t). And you might just win.
Here is how to file your Answer in Arizona without hiring an expensive attorney.
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1. The 20-Day Deadline
Arizona law is strict. From the moment you are “served” (handed the papers), you have 20 calendar days to file your written response with the court.
- In-State Service: If you were served within Arizona, you have 20 days.
- Out-of-State Service: If you were served while outside Arizona, you get 30 days.
- The “Receipt Rule”: Mailing it on day 20 isn’t enough. The court needs to receive it by the deadline.
Do not wait. If you miss this window, the plaintiff (the debt collector) wins automatically.
2. Do You Owe the Money? (The Statute of Limitations)
Before you stress about the details, check the age of the debt. Arizona has a “Statute of Limitations” that prevents creditors from suing you for old debts.
The Limit: 6 Years.For most written contracts and credit card debts in Arizona (A.R.S. § 12-548), the collector has six years to sue you. The clock usually starts ticking from the date of your first missed payment.
If it has been more than six years, you still must file an Answer. You will list “Statute of Limitations” as an affirmative defense. If you don’t raise this defense, the court won’t know the debt is too old, and you could still lose.
3. How to Write Your Answer
You don’t need to write a novel. In fact, saying too much can hurt you. Your Answer isn’t the place for your life story or explanations of financial hardship; it is a technical document where you admit or deny specific claims.
The 3 Responses
For every paragraph in the Complaint against you, you must choose one of three responses:
- Admit: “Yes, this is 100% true.” (Avoid this unless you are certain).
- Deny: “This is false. Prove it.”
- Lack of Knowledge: “I don’t know if this is true. I leave the plaintiff to provide proof.”
Strategy Tip: Most attorneys advise against admitting to anything you aren’t sure of. If you “Deny” or claim “Lack of Knowledge,” the burden of proof stays on the debt collector. They must dig up the original contracts and payment history. Often, they can’t find this paperwork.
Affirmative Defenses
This is your shield. Affirmative defenses are legal reasons why the creditor should lose, even if the debt is real. Common Arizona defenses include:
- Statute of Limitations: The debt is too old.
- Identity Theft: The debt isn’t yours.
- Lack of Standing: The company suing you didn’t buy the debt legally.
Warning: Writing this document from scratch is risky. One formatting error can get your filing rejected.
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4. Filing Fees
Arizona courts charge a fee to file your Answer. The amount depends on whether you are in Justice Court (for smaller debts) or Superior Court (for larger debts).
- Justice Court: Fees typically range from $40 to $75.
- Superior Court: Fees are higher, often between $200 and $300.
If you cannot afford the fee, you can ask the court clerk for a “Deferral or Waiver of Court Fees” application. If approved, you won’t have to pay to file.
5. File and Serve
Once your Answer is written and signed, you have two final jobs:
- File with the Court: Take your original document to the court clerk (or file online if your county allows it). Pay the filing fee.
- Serve the Plaintiff: You must mail a copy of your stamped Answer to the debt collector’s attorney. This proves you are active in the case.
Ready to Fight?
The legal system is designed to be confusing. It relies on you giving up. Don’t give them the satisfaction.
DebtAegis helps you build a strong, procedural defense without the cost of a lawyer. We provide the Answer document, the proper formatting, and the instructions you need to file confidently.
