Vince Rabago Law has filed motions to quash a garnishment and set aside an old judgment that expired without proper renewal under Arizona law, after discovering that the judgment was not properly renewed under Arizona law and discovering that the Plaintiff creditor RJF Financial LLC has not existed as an entity in Arizona since 2011.
In a recent garnishment proceeding filed by the plaintiff RJF Financial LLC, Pima County Justice Court No. CV07-025255, our office filed a Motion to Quash Garnishment and a Motion to Set Aside a 2008 default judgment that had ballooned from approximately $8,000 back in 2008 to approximately $18,000 in 2017, and was the subject of recent garnishment filings by this alleged creditor. According to the original lawsuit, the debt was obtained by RJF Financial LLC from CitiFinancial. RJF Financial LLC then commenced a collection lawsuit in late 2007 and obtained a default judgment in 2008.
Upon investigation by Vince Rabago Law Office, it was discovered that the 2008 Justice Court judgment had not been docketed or renewed by affidavit in the Pima County Superior Court within 90 days of the 5 year expiration date. Arizona state court judgments expire after 5 years unless an affidavit of renewal is filed within 90 days before the 5 year expiration date, and require that the judgment be entered and docketed in Superior Court. Instead, an affidavit purporting to renew the 2008 judgment was filed in Justice Court, along with an order signed by a now-retired Justice of the Peace purporting to find that the judgment was timely renewed.
In addition, further investigation determined that the alleged creditor RJF Financial LLC had been a registered LLC in Arizona but had dissolved and filed Articles of Termination with the Arizona Corporation Commission in January 2011, which, under Arizona law, requires the entity to certify that they have collected and disposed of all assets.
Accordingly, Vince Rabago Law Office filed a Motion to Set Aside Judgment and a Motion to Quash Garnishment on the basis that any judgment had expired without proper or effective renewal of judgment in Pima County Superior Court in 2013, and also that RJF Financial LLC had no standing to pursue any collection or maintain an action in Arizona courts because it no longer existed as a separate legal entity since it had terminated its existence in 2011, and that under Arizona law, the entity no longer exists under Arizona law and is not entitled to engage in its former debt enforcement business or collection efforts on old judgments obtained before the company terminated.
If you are being pursued for debt or for an old judgment or need assistance fighting against a creditor or collection case, contact Vince Rabago Law Office for a legal consultation. (520) 955-9038.