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Arizona Civil Litigation Questions & Answers
0 Answers | Asked in Business Law and Civil Litigation for Arizona on
Q: City of Show Low refusing to grant me a business permit how do I sue them?

I have everything from LLC, Navajo County Health, Timber Mesa Fire Certificate, General liability insurance for 1,000,000.00 required for City of Show Low, and a compliant food truck. The City of Show Low has refused my business permit application still. I am a corporation and since 01/27/2024... View More

0 Answers | Asked in Civil Litigation for Arizona on
Q: Can I sue for attorney fees if I paid for my friend to fight a restraining order? I want to sue the person that filed

the restraining order. The judge dismissed the restraining in order. This occurred in AZ.

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?
James L. Arrasmith
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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

0 Answers | Asked in Employment Law and Civil Litigation for Arizona on
Q: I need help being represented as a nurse vs the board of nursing

Hello,

I was a nurse in Arizona and recently lost my nursing license due to a discrepancy on the application. I want to be represented at the settlement hearing with the board of nursing and looking for counsel. I would love to talk with you more about this.

I look forward to hearing from you.

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

1 Answer | Asked in Civil Litigation for Arizona on
Q: Someone in my neighborhood keeps parking their car in my driveway. What can I do, who do I talk to, what are my options?
James L. Arrasmith
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answered on Jan 22, 2024

If someone is repeatedly parking in your driveway without your permission, this is considered trespassing on private property. The first step is usually to approach the neighbor directly and politely ask them to stop parking in your driveway. Often, a simple conversation can resolve such issues.... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: What am I to do if my wife and mom received a message relating a civil suit against me? I live out of the country.

My wife and mother received a phone message from a company called Goldman LC, out of Arizona, expressing that there is a civil suit to be filed with the county against me. My name was spelled wrong, they provided two different case numbers, they never called me personally, and most importantly, Ive... View More

James L. Arrasmith
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answered on Jan 11, 2024

It's understandable to be concerned when receiving such messages, especially when living abroad. However, there are several red flags in your situation that suggest caution. First, legitimate legal notifications are typically not communicated via phone messages to family members. Proper legal... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Landlord - Tenant for Arizona on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More

James L. Arrasmith
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answered on Dec 12, 2023

The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Arizona on
Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.

Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.

First, you might consider filing a "Notice of Non-Compliance" or a similar...
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1 Answer | Asked in Civil Litigation and Collections for Arizona on
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More

Peter H. Westby
Peter H. Westby
answered on Nov 15, 2023

Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More

1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I askea neighbor to tow a vehicle for me we agreed on $100 then he asked for a extra $40 for egas I paid that he towed

I was to pay the $100 the next day instead of collecting the money the next day he towed the vehicle without contacting me has since demanded over three times the original payment refuses to let me get personal items from vehicle (tools) wants me to pay him on cash card first before he tells me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your neighbor towed your vehicle and is now refusing to return it or let you retrieve your personal items, you have legal rights to consider. First, document all agreements, payments made, and any communication between you and your neighbor.

If the vehicle was given to you and you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: I need to know if I have a good case to sue DCF for braking my happy family up and turning my family and kids against me

3 years ago during the covid out break I had problems with someone renting a room from me. But before I go any farther I do want to add that I was a addicted at the time cuz I was in pain management for15 years.. but non of my family new it cuz I only took enough to control my pain. so I was... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

This would be better asked to a civil attorney than a family law attorney since civil attorneys deal with lawsuits and family attorneys do not. I would recommend you consult with one before making a decision on whether to pursue.

So, bearing in mind that this is outside my area of...
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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Can a former employer send a copy of a child support wage order to a family member via text without consent ?

former employee has not been employed by the former employer for a year. The sister did not request to see the wage order. The employer sent it to prove he wasn't responsible for being the cause of another legal matter. Was this legal and if not what would be the be coarse of action for the... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

A child support wage withholding order is a public record. A former employee has no reasonable expectation of privacy with respect to a former employer disseminating a public record without the employee’s consent as such consent is not required.

1 Answer | Asked in Civil Litigation and Construction Law for Arizona on
Q: In May 2023 I filed an "Intent to Lien" for 119k. Can I file a "Lien",for 162k?

Do I have to file a new "Intent to Lien" for $162k before filling the "Lien" for $162k?

I am a Licensed GC in Arizona.

T. Augustus Claus
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answered on Aug 23, 2023

In Arizona, if you previously filed an "Intent to Lien" for $119,000 in May 2023 and now intend to file a "Lien" for $162,000, you generally do not need to file a new "Intent to Lien" for the increased amount. The "Intent to Lien" is meant to notify parties... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Arizona on
Q: file a small claims against Greystar LLC, they have a Phoenix office where I live, but headquarters is in SC

Also would you send the demand letter to SC or Phoenix office ?

Anthony M. Avery
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answered on Aug 15, 2023

You can send a demand letter to both offices. But if you file suit, you must serve the Registered Agent. Get more information about the LLC first.

2 Answers | Asked in Civil Litigation and Family Law for Arizona on
Q: Can an Arizona Family Attorney represent me in Memphis Tennessee?
T. Augustus Claus
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answered on Jul 18, 2023

Attorneys are usually licensed to practice law in specific states. So, if you need a family attorney in Memphis, Tennessee, it's best to find someone who's licensed to practice in that state. Arizona and Tennessee are a bit far apart, legally speaking.

While an Arizona family...
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1 Answer | Asked in Health Care Law, Civil Litigation and Family Law for Arizona on
Q: They are discharging me from the adult foster care provider with no where else to go and no notice. I have 5 days then I

Devereux adult foster care

T. Augustus Claus
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answered on Jul 12, 2023

If you believe you have been wrongfully discharged from an adult foster care provider without proper notice or alternative arrangements, you may potentially have legal grounds to pursue a lawsuit. Consulting with an attorney who specializes in adult foster care and housing laws is crucial in... View More

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for Arizona on
Q: Is there anything I can do about a bank that allowed an LLC account to be closed despite a granted Charging Order?

I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More

David H. Relkin
David H. Relkin
answered on Apr 23, 2023

A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More

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