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Arizona Civil Litigation Questions & Answers
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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1 Answer | Asked in Business Law and Civil Litigation for Arizona on
Q: Can you sue a survival company for having faulty equipment on the survival watch they sell? The compass is faulty.

The watch is "Pro-4 Tactical Survival Watch". Imported and distributed by: Pro-4 Marketing LLC 32411 Industrial Drive, Madison Heights, MI 48071

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

Yes, but it may be easier to just return the faulty watch for a refund if it is new or for warranty repair service if it has been used but is still in warranty.

Lawsuits can be fairly expensive.

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... View 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
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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... View 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... View 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... View 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... View 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... View 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... View 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.

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