Arizona Debt Collection Laws

Today, February 6, 2013, The National List of Attorneys published the white paper on debt collection law in Arizona, written by attorney Stanley M. Hammerman and his law firm, Hammerman & Hultgren, P.C.

Stanley M. Hammerman, Esq. is an attorney with the Phoenix, AZ, based law firm Hammerman & Hultgren, P.C. Stan has been a member of The National List of Attorneys for 17 years. He is active in the Commercial Law League of America (CLLA) and the National Association of Retail Collection Attorneys (NARCA). Stan has been practicing collection law since 1975.

Stan has given numerous collection law seminars throughout the country. He was counsel for the defendant in the Ninth Circuit case of Terran v. Kaplan, where Rule 11 Attorneys’ Fees were awarded against a debtor’s attorney in a Fair Debt case. He was also instrumental in writing Arizona’s current garnishment laws. Stan is AV-rated and takes pride in aggressively, ethically, and successfully collecting both commercial and retail claims throughout the State of Arizona.

Stan has been working in the debt collection industry for 37 years, and 100 percent of his law practice is dedicated to debt collection. He says that each day still brings new challenges, and that’s what he enjoys most about his job. His advice to others in the industry is to “be persistent and listen to your adversaries.”

When asked to tell us one thing creditors need to know about debt collection in Arizona, Stan said it is Arizona’s community property laws and how they affect personal guaranties. “Arizona is a community property state. If a married debtor individually signs a contract at the time he/she is married, both the debtor and spouse are liable to repay the obligation with a few exceptions. If the debtor personally guarantees a debt and the creditor fails to obtain a separate guaranty for the spouse, the creditor is limited to collecting from the guarantor. This makes collection difficult, as the creditor can only look to collect from the sole and separate property of the guarantor. They are also precluded from garnishing the guarantor’s wages or any joint bank accounts, as they are considered to be community property.”

Stanley Hammerman

A strong heritage for excellence and integrity has been the hallmark of AV-rated Hammerman & Hultgren, P.C., since 1977. The firm has emerged as Arizona’s premier creditor and collection law firm, in the eyes of both the local and national legal communities. Its lawyers and paralegals consistently provide the highest caliber of legal services to the creditor community in an increasingly specialized field.

In addition to their collection work, Hammerman & Hultgren does Pro Bono work for Jewish Free Loan Association, and they support The American Red Cross in times of emergency.

Stan is a resident of Scottsdale, AZ. He is married with 3 grown children. Outside of work, he enjoys being with family, playing tennis, attending sporting events and travel.

The NL thanks Stan for submitting this paper and for giving us the chance to get to know him a little better. You can access this paper at http://www.nationallist.com/white_papers/Arizona.