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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
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1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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0 Answers | Asked in Civil Litigation, Personal Injury and Landlord - Tenant for Arizona on
Q: Legal process in Arizona State to get your personal property back from a former friend, business associate.

I have a couple wave runners parked at the wife’s former business associate home. Home sets on 2 locked fenced acres. On Friday evening wife received a text from the former that with all the problems they have been having with people climbing their gate that we should find a new place for our... Read more »

0 Answers | Asked in Civil Litigation for Arizona on
Q: How do I get court orders for a credit union to give me a copy of my mom's revocable living trust?

The personal representative will not tell me anything so I called the credit union where my mom made the trust and they gave me the number to Arizona bar association told me to call them that they couldn't say anymore

1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.
Sean Woods
Sean Woods answered on Apr 29, 2022

Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then...
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1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
Sean Woods answered on Apr 28, 2022

While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.

Waiving service saves costs and gives the person answering 60 to respond...
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1 Answer | Asked in Civil Litigation, Family Law and Probate for Arizona on
Q: My mother died on the 26th of feb. And her new husband is refusing to tell me any information at all

My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too

Stephen M Vincent
Stephen M Vincent answered on Mar 15, 2022

Those are a lot of things that almost happened.

If the will isn't completed and signed, it's not valid.

If the divorce isn't finalized, she died a married woman.

Unless there was a prior will, it looks like her case will go through probate and the...
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1 Answer | Asked in Family Law, Animal / Dog Law and Civil Litigation for Arizona on
Q: Can a judge force a person to return a pet to it's owner if the owner can prove ownership?

my cat went missing and he was recovered by my neighbor. My neighbor did not know the cat was mine and posted an add for my cat. A lady who has a similar cat found the ad before I did and went and picked up my cat. She refuses to give him back and told me to take her to court. I know it's my... Read more »

Juliet Piccone
Juliet Piccone answered on Feb 16, 2022

You can sue her in a replevin action and if the court agrees you’ve proved ownership the court absolutely can order her to return your cat and even issue a writ to law enforcement directing them to go seize the cat to return to you.

1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 23, 2022

There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.

As for all other issues you raise, the two of you...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
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1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: Can I take my friends car if she doesn't want to give me my car I paid for?

So I just got out of prison and a girl that I thought was my friend let me stay at her daughter's house "paid rent" "food" ect.. about a couple days of me being there I started looking for a car... Her boyfriend said that his brother has a couple vehicles for sale... He... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb answered on Nov 11, 2021

Unfortunately some key components are missing from your question in order for an attorney to provide you with an answer. It's important to know who has the money that you gave to the boyfriend. Did he pay it toward his car, did he put it as a deposit on your car, or does he still have it? If... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Arizona on
Q: I'm the defendant in a civil suit filed by a former auto finance company. If they prevail, could my wages be garnished?

Loan was in default December 2018. Car was totaled in a very bad accident, and had no insurance coverage at the time. Lender charged off debt as "due to natural disaster" according to my credit report. They didn't file until December 21, 2020. We weren't served until June 18, 2021.

Peter H. Westby
Peter H. Westby answered on Jul 12, 2021

Yes, if the plaintiff prevails and a judgement is entered against you it is possible that your wages will be garnished. I recommend that you consult with an attorney immediately to review this matter and get assistance to defend or settle this claim.

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 16, 2021

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: I am looking to file a partition motion. Can a partition motion be contested or delayed?

No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want... Read more »

Peter H. Westby
Peter H. Westby answered on May 12, 2021

A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Military Law for Arizona on
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago

It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease.

I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 8, 2021

Criminal records are publicly available. There is no consent required to obtain publicly available information.

1 Answer | Asked in Civil Litigation for Arizona on
Q: Is Rule 60(b) of the Arizona Rules of Civil Procedure applicable to proceedings in the Arizona Court of Appeals?
Peter H. Westby
Peter H. Westby answered on May 3, 2021

No. The Rules of Civil Appellate Procedure govern proceedings in the Court of Appeals.

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Libel & Slander for Arizona on
Q: Who do you report bankruptcy fraud/disability fraud to when your ex business assoc. hides assets, guns, cars etc

We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2021

Report to the FBI.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum answered on Feb 1, 2021

Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.

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1 Answer | Asked in Civil Litigation for Arizona on
Q: I was served a summons for small claims as contracted sale dated January 29th 2015. Doesn't this fall under time barred
Peter H. Westby
Peter H. Westby answered on Jan 24, 2021

Plaintiff's claim might be time barred depending upon many factors including your contract. If dealing with an oral contract or open account the statute of limitations, ARS 12-543, is three years from the time the cause of action accrues. If you are working with a contract in writing, the... Read more »

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