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Arizona Civil Litigation Questions & Answers
0 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for Arizona on
Q: IHAVE BEEN PHYSICALLY AND MENTALLY HARRASSED FROM MY TWO OLDER BROTHERS FOR THE LAST 8 YEARS

I WOULD LIKE TO FIND OUT WHAT MY OPTIONS ARE. THIS IS THE MOST UNFATHOMABLE CASE YOU HAVE OR WILL EVER BE PRESENTED. SO ON THE GOOD LORD HIMSELF, I AM NOT WASTING YOUR TIME BY NO MEANS, THIS IS MY LIFE. WITH THE ASSISTANCE OF A CLARAVOYA NT, MY BROTHERS HAVE BEEN MENTALLY AND PHYSICALLY HARRASSING... Read more »

0 Answers | Asked in Civil Litigation for Arizona on
Q: Someone left a civil summons on my husband's truck. Since we were never "served", are we still required to respond?

This person is claiming that my husband and I are responsible for his bad fortune because we reported him several times for squatting at the house across the street from us, so he is suing us for $9,990. Our next door neighbor called my husband to let him know that her child said he saw the... Read more »

0 Answers | Asked in Business Law, Civil Litigation, Contracts and Mergers & Acquisitions for Arizona on
Q: Relationship A.i has in seeking truth proof of past events statements overheard software databases voice recognition

Authors & created content in Literature & Poems previously written & spoken out loud & copyright protection for the creator of particular pieces that have been saved on devices no longer accessible or any way to find pieces of conversations or statements and exact words from... Read more »

0 Answers | Asked in Civil Litigation for Arizona on
Q: If a license psychologist and administrator of a substance abuse treatment center rewrites a positive discharge summary.

Superseding the negative one that was written either by mistake or as I believe as a malicious act and fails to make that summary part of my permanent record or to provide that record for the court. while knowing I was on probation. He also wrote my probation officer a personal letter explaining... Read more »

0 Answers | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Is it legal for law enforcement in AZ to raid my house without showing me a search warrant or explain to me why.

My house was rated by drug task force. They pulled up in my front yard with 2 swat tanks and a helicopter firing percussion grenades. They busted the door down and searched the premises. I was never given or show a search warrant or a warrant for my arrest. I'm confused on what grounds they... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Collections for Arizona on
Q: Can I file a motion for an extension of time with the court to find an attorney to comply with AZ Rule 26?

I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 3, 2023

Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: I filed a civil suit against someone due to damages to my car from a board falling out of truck on freeway.

But I realized that the copy of the pictures for evidence that everyone got was black and white. But mine is in color. Can I bring in the color pictures for the Civil and use them or any new evidence for the Civil suit?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. This could depend on your local rules of evidence, and the judge's discretion. Until you're able to consult with a local attorney for specific guidance, you could try bringing in the color sets. If they... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
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answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

1 Answer | Asked in Civil Litigation for Arizona on
Q: During my deposition, am I required to answer questions in all aspects of my life, or is just one role identified?

I am summoned for a deposition. In 2019 I was the owner of a vehicle that an employee of mine was driving when involved in an accident. I was her supervisor. In late 2020, her and I started dating.

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. Who is taking the deposition? If it is by the plaintiff's attorney, your carrier may have assigned an attorney to you. If that's the case, they should brief you on the scope of questions you could... Read more »

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I let a friend store his stuff in my garage it was broken into an some of his an my stuff was taken police report was fi

Filed he been taking things out an saying this an that are gone how can I leagely have him move his stuff

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

In writing, tell him he has 30 days to remove the items from your garage and that if he does not remove them by that date, you will dispose of his remaining belongings, and then wait another 30 days before you remove them.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Arizona on
Q: Def transferd all assets to LLC aftr judgment, can I gain access to LLC with a Default Judgment of new Complaint?

Won a judgment against defendant. The def had an LLC for their business but never used it in any way. It laid dormant since 2019 until my judgment. The original first year address has been outdated and out of commission. The Arizona Corp Commission has suggested this would be an Invalid LLC address... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. You would need to try to “pierce the corporate veil.” It is doable but difficult and a new default judgment or complaint would not be effective in so doing.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona on
Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... Read more »

Timothy Denison
Timothy Denison
answered on Jan 11, 2023

Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Arizona on
Q: Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... Read more »

Timothy Denison
Timothy Denison
answered on Jan 9, 2023

Yes. Those are fraudulent transfers by the debtor that can be set aside.

1 Answer | Asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... Read more »

Timothy Denison
Timothy Denison
answered on Jan 3, 2023

You must include both husband and wife in your suit or it will fail.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you file a writ of garnishment against a debtors Zelle, Venmo or Cashapp? Is the process different than thru a bank?

The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you change a sole proprietor business into an LLC in order to protect your personal assets after a judgment?

I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.

1 Answer | Asked in Bankruptcy, Contracts, Personal Injury and Civil Litigation for Arizona on
Q: Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

I won a judgment on a debtor and she completely zeroed out her bank account. This was made known when I attempted a Writ of Garnishment on her bank account that recently failed. She uses a Cashapp for her business. Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

Timothy Denison
Timothy Denison
answered on Dec 19, 2022

Yes.

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