How to Respond to Debt Collection Summons in Arizona?

In Arizona, you have 20 days (or up to 60 days, depending on how you’re served) to respond to a debt collection summons. File an official Answer denying the claims, include defenses like statute of limitations, and serve it properly via certified mail. This can stop wage garnishment, bank levies, and long-term credit damage.

Know Your Arizona Deadlines

Service Type	Deadline to File Answer
In-person, in-state	20 calendar days
Out-of-state service	30 calendar days
Service by mail or substitute	30 calendar days
Service by publication	50 days (in-state), 60 (out-of-state)

Filing late = automatic default judgment. If your deadline falls on a weekend or holiday, file on the next business day.

Understand the Summons & Complaint

• Summons: Official notice you’re being sued
  
• Complaint: Details the creditor’s claims (amount owed, dates, etc.)
  
• Verify the debt: 34% of sold debts contain errors
  
• Check for licensing: Debt buyers must be registered with the Arizona Department of Financial Institutions

Draft Your Answer – Step-by-Step

Use Arizona’s Form CR ANSWER or plain-paper Answer (some courts allow both).

A. Caption & Case Info

Copy exactly from the Summons:

• Court name
  
• Case number
  
• Your name and the creditor’s name

B. Respond to Each Allegation

• Deny: Default response (use for most allegations)
  
• Admit: Only if indisputable (e.g., your name/address)
  
• Lack of knowledge: Use if unclear or no records

C. Affirmative Defenses (Include Now or Forfeit)

Defense	Details
Statute of Limitations	3 years for credit cards & open accounts (ARS § 12-543)
Debt not yours	Possible identity theft—use FTC affidavit + police report
Improper service	E.g., left with minor or at wrong address
Debt already paid	Submit payment proof
Creditor lacks standing	Demand documentation proving ownership of the debt
FDCPA violations	Harassment or deceptive tactics—may entitle you to $1,000+
Bankruptcy discharge	If previously resolved through court

D. Optional: Counterclaims

Sue for FDCPA violations or collector misconduct under state or federal law.

E. Request for Relief

Ask the court to dismiss the case or rule in your favor.

F. Sign & Add Certificate of Service

Document when and how you’ll serve the creditor’s attorney (usually certified mail).

File & Serve Your Answer Properly

A. Filing

Court Type	Filing Location	Fee
Justice Court	Debts ≤ $10,000	Usually $0–$65
Superior Court	Debts > $10,000	$35–$402 (fee waiver available)

• 
  File original + 2 copies (court + creditor + your copy)
  
• File in person, by mail, or e-file (where available)
  

B. Serve the Plaintiff

• Use certified mail with return receipt, or
  
• Hire a licensed process server

Attach Form CIV-029 Certificate of Service to your filing.

 Mistake to avoid: Forgetting to serve = Answer invalid → default judgment (e.g., Maria in Phoenix)

Related article: How to Respond to Debt Collection Summons in Washington State?

What Happens After You File?

A. Case Proceeds to:

• Pretrial conference, discovery, mediation, or trial
  
• Collectors may settle after you file—you’ve shown you’re serious

B. Default Judgment if You Don’t File:

• Wage garnishment: Up to 25% of disposable income
  
• Bank levy: First $300 is exempt
  
• Liens on property
  
• Garnishment of Arizona tax refunds

Protect Against Garnishment & Seizure

Asset	Protected?
Wages	10% or amount above 60× federal minimum wage
Social Security, VA, etc.	Fully exempt
Primary residence	Up to $150,000 equity protected ($250K if 65+)
Bank account	First $300 exempt from levy

Use Arizona exemption forms to protect income/assets or claim hardship.

Settle Strategically (After You File)

• Why now? Collectors prefer avoiding trial after you file
  
• Offer 30–50% lump sum or propose payment plan
  
• Script example:
  “I’ll pay $1,500 if you dismiss the case with prejudice and delete the debt from my credit report.”
  
• Use written agreement and file with court using a Stipulation to Dismiss

Mistakes to Avoid

❌ Mistake	🚫 Why It’s Risky
Missing deadline	Triggers default judgment
Not serving the Answer properly	Answer gets rejected
Ignoring discovery	Court may rule against you automatically
Paying without legal dismissal	Case remains active—no protection
Admitting debt without proof	Resets SOL clock

Tools, Forms & Resources

Tool/Form	Purpose	Source
CR ANSWER	Official Arizona Answer form	azcourts.gov
CIV-029	Certificate of Service	Arizona Courts
Fee Waiver Form (X-001)	Request court fee exemption	azcourts.gov
FDCPA Complaint Portal	Report collector abuse	cfpb.gov / ftc.gov
AZ Attorney General	Debt collection complaints	azag.gov
Legal Aid & Pro Se Clinics	Free help for low-income residents	azlawhelp.org
SoloSuit / Upsolve	Online Answer drafting tools	solosuit.com / upsolve.org

Arizona Debt Lawsuit Timeline

Step	Task	When
1	Receive Summons & Complaint	Day 0
2	Draft & complete Answer	By Day 18–20
3	File & Serve Answer	By Day 20 (or per service)
4	Participate in Discovery/Pretrial	Weeks after filing
5	Negotiate or attend trial	As scheduled
6	If garnishment starts	File exemption/hardship form

Final Takeaways: Your Arizona Debt Lawsuit Survival Plan

✔ Respond within 20–60 days, based on service
✔ Deny all allegations unless 100% provable
✔ Raise affirmative defenses—esp. statute of limitations
✔ Serve via certified mail or process server
✔ Negotiate only after filing to gain leverage
✔ File exemption forms to protect income/assets
✔ Use free legal tools and report abuse to regulators

“Debt collectors win by default—not evidence. Your pen is your sword.”
— Community Legal Services Arizona

Take Action Now

• Download forms from AZCourtHelp.org
  
• Mail Answer via certified mail with return receipt
  
• Contact Community Legal Services or dial 2‑1‑1 for free help
  
• Report illegal tactics to Arizona AG or CFPB