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Arizona Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Arizona on
Q: on issue concerning “service by publication,” we are looking for applicable law Inder: Quebec Civil

They are referencing the Hague Convention (which does not allow for publication) but I believe the Quebec Civil Code does allow it.

Even though the matter is before the court in the Superior Court of Arizona (Maricopa County) - wondering if there are any instances of Case Law that we can... View More

0 Answers | Asked in Civil Litigation for Arizona on
Q: Can you look into case law that supports “against service” of the Statement of Claim from the United States to Canada

Can you look into case law that supports “against service” of the Statement of Claim from the United States to Canada

On Civil Cases

The United States and Canada are both signatories of the Hague Convention -

*DISCUSS TEN Case Law “exceptions” to this rule where it's NOT applicable?

0 Answers | Asked in Civil Litigation for Arizona on
Q: FIND TEN CASE STUDIES DECIDED IN THE APPEAL COURT OF ARIZONA

One of the parties Not listed in the claim in Arizona is a company that received a transfer of ($390,000 USD) sent from Canada to Thailand to prepare a Standby Letter of Credit (SBLC) and they should be added to the claim (The Plaintiff is refusing to acknowledge this) This is important because... View More

0 Answers | Asked in Civil Litigation for Arizona on
Q: TEN CASE LAWS SUPPORTING THAT Canadian courts should handle ANY MATTER RELATING TO CONTRACTUAL AGREEMENTS INITIATED IN C

A “Civil” matter is currently before the court for adjudication before the Arizona Superior Court.

What is being challenged is that the Plaintiff / Defendant in this matter are both companies out of Quebec, Canada.

The Plaintiff transferred funds from a Canadian Bank to a... View More

0 Answers | Asked in Divorce, Child Support and Civil Litigation for Arizona on
Q: Waiting to file a divorce. If I take my children to live with me, am I required to continue paying household bills?

20 yr marriage, im leaving. Wife hasnt worked in 14 yrs, had her SSI benifits turned off due to her progression, she is fighting to get them back and is refusing to move forward with the divorce until it is resolved. Its been over a year. I have and continue to pay for everything, including her... View More

0 Answers | Asked in Consumer Law and Civil Litigation for Arizona on
Q: What do I do with a "company" that robbed me but there is no statutory agent anywhere. I have filed in justice court

Against John Does and Jane Does and the name which they purported to be operating under. The secretary of state listed a dba address to an empty house and an allegedly fake human name. How can I get them served? I can have a sheriff execut a writ on their businenss items after, I just gotta get... View More

0 Answers | Asked in Civil Litigation for Arizona on
Q: In the state of Arizona if someone has breached a contract for a house and has not paid it in 2 months can we take back

The house and put are name back on deed since it's breached and do we have to pay back the amount they have already paid

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
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answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: If i filed motion to dismiss improper service do I have to file counter claim with the motion

Plaintiff filed civil suit. Judge told her she could not represent llc only attorney can. Gave her time to file amended complaint. Plaintiff filed amended complaint added defendants and served by us mail with no summons included. W/o permission to serve by mail. Defendant filed motion to dismiss... View More

James L. Arrasmith
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answered on Mar 25, 2024

When you file a motion to dismiss due to improper service, such as not receiving the summons correctly, this motion is typically addressed before any substantive claims are considered. This is because if the service is deemed improper, the court may not have jurisdiction, and the case could be... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: Forcible Detainer appeal and quiet title action at the same time.

A fraudulent Warranty Deed was recorded and then sold and new owner filed a forcible detainer action against the "rightful" owner claiming they had a rental agreement which they did not and failed to serve the owner (tenant) in accordance with the rules and were awarded a judgment and a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving complex legal disputes such as this one, it's essential to navigate the legal system with careful consideration. You can indeed file an appeal against the judgment of the Justice Court while simultaneously pursuing a quiet title action to dispute the validity of the... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: A friend committed suicide and blew his mobile home up . His family is giving us his vehicles . How do we go about getti

Them from the mobile home park . Can they stop us from taking them

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the loss of your friend. This must be a very difficult time for you and his family.

In this situation, the first step would be to determine who has the legal right to the vehicles. If your friend left a will specifying that the vehicles should go to his...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order... View More

Peter H. Westby
Peter H. Westby
answered on Mar 6, 2024

The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position.... View More

1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: How can I get my ex partner to pay me on a car lease we have together?

My ex partner and I paid off a truck together and when we separated we agreed he would keep the truck and we took out another car together so that I could drive . He said he would help me with payments but after we got it he said he wasn’t going to help me anymore . I only have text messages... View More

James L. Arrasmith
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answered on Feb 28, 2024

Here are a few options to try to get your ex partner to pay for their share of the car lease:

1. Send a formal demand letter stating they agreed to pay for half the lease and you have text message evidence of this agreement. Set a deadline for their payment and state you will pursue legal...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

1 Answer | Asked in Civil Litigation and Health Care Law for Arizona on
Q: If I called a medical office 21 times after not picking up. Is there anything wrong with that?

Place mistakenly issued bill in error. No one was picking up. Finally they picked up saying that this was the wrong department and it is the billing department you’ll need to get ahold of me.

James L. Arrasmith
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answered on Feb 23, 2024

Calling a medical office 21 times could potentially be considered excessive, especially if the calls were made within a short period or if they were not returned promptly. While it's understandable to want to resolve an issue with billing, repeated calls may be seen as disruptive or harassing,... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: In civil court if the filing party does not show up to the court date isn't the case thrown out?
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answered on Feb 4, 2024

In civil court, if the party who filed the case fails to appear on the scheduled court date, it does ALWAYS automatically result in the case being thrown out, although it very well may. Instead, the court may proceed with the case in the absence of the filing party, potentially leading to an... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: My step father abandon his 12ft teardrop camper trailer on my property. It has been since June of 2023. He is not dead.

A tpo was issued against him because he got violent when I told him I was moving all his abandon property into storage. The tpo was lifted Nov 24th 2023. Still have not heard a word from him. How and what do I need to do to get a title so I can sell the trailer

James L. Arrasmith
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answered on Jan 25, 2024

In Arizona, dealing with abandoned property, especially vehicles like your stepfather's camper trailer, involves specific legal steps. Since the trailer has been on your property for several months, you may have grounds to claim it as abandoned property. However, you'll need to follow the... View More

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