Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: when you enter a offer or contract is there regulations or policies that has to be follow to make a contract legal
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2018

Yes. Depending on the nature of the contract and the jurisdiction, there could be conditions that apply beyond the basic contract elements of offer, acceptance, consideration, etc.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Arizona on
Q: If I bailed out yesterday for a misdemeanor and was supposed to go within 10 business days

I go tommorw and it's a fauiler to appear and driving under suspended license

Zachary Divelbiss
PREMIUM
Zachary Divelbiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2018

I would like to help you out but it seems your question was cut off. Please contact us directly so we can discuss this more (free). Zach@Divellaw.com or 480-935-6545

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Arizona on
Q: Can my sister that I'm living with throw me out on a whim and not give me access to my property?

I have established residency for 3 years.

I have done work to earn my keep. If this is not a landlord tenant issue then how can I legally get my property out of her house?

Peter H. Westby
Peter H. Westby
answered on Sep 7, 2018

From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H... View More

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on
Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... View More

Peter H. Westby
Peter H. Westby
answered on Aug 25, 2018

The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: What is the current case law regarding the feeding of feral cats, and can a home owners association prohibit the activiy

We reside in a gated community controlled by an HOA in the City of Mohave Valley, County of Mohave.. There is a colony of “Community Cats” also residing in the neighborhood due to uncontrolled breeding. We have begun a Trap, Neuter and release effort, however, our neighbors have stated a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jun 12, 2018

I would need to know more about your HOA CC&R's and how this new rule was adopted before I could answer your questions concerning the rule and whether it is enforceable. If the new rule was adopted lawfully, you will need to abide by it or risk being fined. If this is a bad rule and you... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: Daughter applied for loan, single, married before closing, lender did not update single status on ppwk, does it matter?

She could not qualify for the loan, her father and I co signed, I was concerned they did not update the paperwork to married, although I asked, they said it would be fine. They did however know she was married because we had to pay a judgment against husband before they would close on the house,... View More

Peter H. Westby
Peter H. Westby
answered on Jun 1, 2018

No, nothing was done wrong. Disclosure was made to the lender and the lender closed the loan. Your daughter's obligation was to disclose her status. Then it was up to the lender to proceed or to revise the documents to include her husband.

1 Answer | Asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona on
Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... View More

Peter H. Westby
Peter H. Westby
answered on Apr 30, 2018

This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

1 Answer | Asked in Civil Litigation and Social Security for Arizona on
Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?
Joel Friedman
Joel Friedman
answered on Apr 15, 2018

I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims

1 Answer | Asked in Civil Litigation, Probate and Small Claims for Arizona on
Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?

We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they... View More

Peter H. Westby
Peter H. Westby
answered on Apr 6, 2018

There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.

1 Answer | Asked in Civil Litigation for Arizona on
Q: i have signed a release on my litigation case but have not recieved any funds can i change my mind

i have skitzophrenia and am smi and i have never personaly met my lawyers and did not understand the release until recently i had a friend explain it to me...there is a chance or posibly i can die from and get diseases from

the implant. my lawyers said that they just put that in the... View More

Peter H. Westby
Peter H. Westby
answered on Mar 20, 2018

You may be able to change your mind but I recommend discussing this issue with independent counsel before you decide. Independent counsel can review the materials you signed and can learn more about the facts of your case. He or she can give you an opinion as to what is in your best interest.... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Arizona on
Q: We are representing ourselves in a litigation case against a home servicing company.

We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting... View More

Michael Gerity
Michael Gerity
answered on Mar 16, 2018

Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a... View More

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby
answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... View More

1 Answer | Asked in Civil Litigation and Divorce for Arizona on
Q: Can I respond to the Plaintiffs Notice of Intent to turn my motion to dismiss into summary judgement?

Lawsuit filed by my ex for a large amount of money. In his complaint he is claiming Conversion and Breach of Bailment Contract and the only items attached to his complaint to back up his claims is a list of items with ludicrous values attached to them. He is claiming in his complain that I refused... View More

Peter H. Westby
Peter H. Westby
answered on Feb 20, 2018

If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some... View More

0 Answers | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: My lease requires 60 days and i have them 40 days notice!

I got a job offer and I am leaving town! My lease terminates in as of 4/2/2018. I gave them notice that i was leaving 2/15/2018. Now they NEVER sent me any notice about any renewal. In the two years i have been here they always have sent me a renewal notice. I almost assumed they didn't want... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: my office sign hit the car door of my client and scratched his car..he gave me a bill for 450.00 what do i do

His wife said she told him not to park so close to sign and wind blew sign into car. I was so upset, I told him I couldn't charge him (300 dollars) for his tax return and he came back a few days later with an estimate to fix his car of 450.00. He didn't even take into consideration that... View More

Peter H. Westby
Peter H. Westby
answered on Feb 15, 2018

This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak... View More

1 Answer | Asked in Civil Litigation, Education Law and Public Benefits for Arizona on
Q: Is the school district part of the local Government?
Lori E. Arons
Lori E. Arons
answered on Jan 29, 2018

The school district is considered a part of the local government. Public schools are funded by local taxes and are run by elected officials.

1 Answer | Asked in DUI / DWI, Personal Injury, Civil Litigation and Legal Malpractice for Arizona on
Q: Victim of a drunk driver that damaged property exceeding $30,000 in repairs. Need a lawyer who can file civil suits.

The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... View More

Priscilla Frisby
Priscilla Frisby
answered on Feb 23, 2018

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Arizona on
Q: I went into a deal with a friend for a condemned house ,I do the work bring it to code and then he would sell it to me f

For a set amount after the year was up I was served an eviction notice .it was seen by a judge and ruled in my favor ..the I was hit with a restraining order and made to leave.. for the next ten days I was robbed of everything I owned..that case also ruled in my favor

.so I thought I would... View More

Peter H. Westby
Peter H. Westby
answered on Jan 5, 2018

Before I can let you know your legal rights and options I would need to know more of the facts and review any contracts or agreements you have as well as the complaint and final judgment in both court cases you mentioned. In addition, I would want to have a status of title search performed. At... View More

0 Answers | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: Can you leave a verbal agreement if the other party presents new information, that was never agreed upon, as leverage?

In terms of a room being rented in a house. No written contract ever took place, only a verbal agreement of how much to pay each month and when. The tenant who is trying to leave to go to a different living situation closer to his job, advised a month ahead that he would be leaving and now the... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: In response to a state courts’ granting defendants’ motion to dismiss my breach of contract action

I had timely filed a motion for reconsideration some 2 months ago, and while I intend to appeal that ruling (assuming that my mo. for reconsider. Fails), however because the court hasn’t responded to my mo. for consider. nor issued a judgment in the action, I cannot file a Notice of Appeal, and... View More

Michael Gerity
Michael Gerity
answered on Oct 30, 2017

You are going to need to review Rule 7.1 of the Arizona Rules of Civil Procedure and Rule 9 of the Rules of Civil Appellate Procedure. The latter controls the filing deadline for an appeal, and lists the specific types of motions that toll or extend the appeals due date. That list does NOT... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.