What if you lose?
When it comes to debt collection lawsuits there are no guarantees. While cases filed by junk debt buyers are often similar in the underlying facts, there are several procedural and evidentiary issues that can arise that can have a significant impact on your case – and even result in a judgment being entered against you.
If you have been battling it out in the Arizona justice court system and lose your case – whether it be after a trial or if summary judgment is entered against you – you have the right to appeal the case and have it reviewed by the Arizona Superior Court.
You Must Act Quickly
You don’t have a lot of time to decide whether or not you want to appeal your case. In fact, in Arizona you have fourteen (14) days from the day the judge signs the judgment against you to file a document known as a “Notice of Appeal”. If you don’t file a Notice of Appeal within that fourteen (14) day period you won’t be able to appeal your case. Even if you are just one day late, your case is now over.
How Long Will an Appeal Take?
As with all court proceedings, the appeal process is not a quick one. Within sixty (60) days after you file your Notice of Appeal you will be required to file an Opening Memorandum. This document outlines what happened in your case, why you think the Justice of the Peace got it wrong, and citation to the law showing why you should have won.
The junk debt buyer will also have an opportunity to file a memorandum to the court arguing why they believe the justice court got it right.
In most appeals from the justice court to the superior court here in Arizona the total time is about 4-6 months.
The superior court can agree with you and reverse the judgment, they can remand (meaning send it back to the justice court), or they can affirm the justice court ruling (essentially saying that they were correct).
If judgment as been entered against you the time to act is now. If you delay you may lose your appeal rights all together.