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Arizona Contracts Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Elder Law and Identity Theft for Arizona on
Q: Who can i have look at this durable POA document that my mom signed for my sister in law and my brother? It looks wrong.

The only signature that's legit is my mom's 1 signature. And the 2 disinterested witnesses signatures are done by the same person. Who happens to be my sister in laws best friend. And I've never seen a notary that has handwriting like a child's. And all of the initials are not... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

If you have genuine concerns about the authenticity of a power of attorney, particularly one with handwritten and initialed changes, you should decline to accept it and request a clean version whose authenticity you don’t question.

1 Answer | Asked in Contracts and Construction Law for Arizona on
Q: I am a subcontractor trying to get my retention from the GC. I have been complete with my work for over 120 days

The building is occupied and we bill for retention Months ago. The GC only replys with not funded, and paid when paid. We do not have a lien on this work.

T. Augustus Claus
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answered on Sep 27, 2023

Retention is often a sticky issue between subcontractors and general contractors. If you've completed your work and the building is occupied, you may have a strong case for releasing the retention. Arizona has "prompt payment" laws that could be applicable. Since you've not... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Arizona on
Q: My roommate refuses to pay her half of a signed lease break fee. Will small claims court release me from liability?

If I pay her part of the lease break fee, then go to small claims court, would she be held responsible to pay me back and/or have a judgement against her. What is the best way forward to hold her responsible and releas me of liability? Thank you

T. Augustus Claus
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answered on Aug 15, 2023

Small claims court could potentially help you address the issue of your roommate refusing to pay her share of the signed lease break fee. If you have evidence of the signed lease, the agreed-upon lease break fee, and any communication regarding the fee, you may be able to file a claim in small... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for Arizona on
Q: does current Arizona law require uninsured-insurance cover: no physical contact, unidentifed motorist, vehicle damage

as in Lowing v. Allstate Ins. Co. AND covering lost wages

T. Augustus Claus
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answered on Aug 7, 2023

Arizona requires drivers to have minimum liability insurance coverage but does not require uninsured motorist coverage for property damage. However, requirements and regulations can change, and insurance policies can vary.

2 Answers | Asked in Contracts and Collections for Arizona on
Q: Can I be sued for a company loan?

In June 2017 I was president (in name only) of a company located in Phoenix Arizona. In April 2017 the company took out a $10,000 loan for business purposes, however, in June 2017 the company ceased doing business.

The loan was from a company in California. The loan was issued in April 2017... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2023

Being rushed like this is always suspicious and rarely a good idea.

They could lose depending on how documents were signed by you and other factors.

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1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Bad Faith for Arizona on
Q: Do I have a good small claims court case?

I took over a business in Sept 2022, 6/7 mos later I gave the business back to the OG owner as it wasn’t a fit. Oct 22 I did work for a customer, charged him appropriately. In feb 23 I receive a chargeback for “unaware of pmt” to my business act for those services. This causes a whole lot of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. Before taking action, it could be advisable to first check with the card, financial institution, etc. to see what their policy and your options are in terms of recourses with chargebacks. Good luck

1 Answer | Asked in Banking, Business Law and Contracts for Arizona on
Q: I thought I canceled a free subscription that turned into a purchase of software and the $ was automatically taken.

I don't have any reason for the software, but I do need the $ that was taken.

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. You could reach out to consumer law attorneys to review your options, based on the terms of the agreement. Good luck

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Contract reads: “No variance or modification hereof shall be valid or enforceable accept by supplemental agreement…

In writing , executed & approved in the same manner as this agreement”. They changed pricing several times without supplemental agreement. Wouldn’t updated pricing be invalid? Contract wasn’t voted on by HOA Board like original one because HOA Pres. said it auto renewed. But they changed... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 13, 2023

This sounds like your speaking about your condominium bylaws or declaration. To know whether the pricing change is a violation of the original agreement or permissible, we'd need to know whether the pricing is: (a) a fixed number, or (b) a formula.

Typically, costs that would be...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Arizona on
Q: If i inform my credit collectors that every call to my number and message left is a fee of 50$ can i than charge legally
Joel Gary Selik
Joel Gary Selik
answered on Mar 5, 2023

While that is a clever idea, you would not be able to require payment. There are ways in which you can legally deter Creditors from calling, but doing so many encourage them to file a lawsuit. Consult with experiences attorneys.

1 Answer | Asked in Contracts for Arizona on
Q: I canceled my directv service and they are saying I have to pay till the end of the billing cycle. Is this legal in AZ?

It does state that in the contract I received when I got service 3 years ago

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

If that's what the contract says, that's what you are obligated to do.

Is that legal in Arizona? Yes, it is. In Arizona, people are bound by the terms of the contracts they sign.

2 Answers | Asked in Consumer Law, Bankruptcy, Contracts and Collections for Arizona on
Q: Can/will credit card companies get a court order to place a lien on my potential newly purchased car?

I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... View More

Timothy Denison
Timothy Denison
answered on Jan 19, 2023

Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.

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3 Answers | Asked in Bankruptcy, Business Formation, Business Law and Contracts for Arizona on
Q: Two small business entanglement debt and liability question.

My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2023

A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.

That's in a Chapter 7 case, where a trustee is automatically appointed.

In a Ch. 11, the debtor...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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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.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... View More

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

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 Contracts for Arizona on
Q: Do i have the 10 day period to cancel a contract for work to be done on my home?

I signed a contract for remodeling of a bathroom. No products have been ordered nor has work been started and we decided it wasn’t the right time. I understand the 3 day cooling off period but according to Title 32-1907.03 i have 10 business days to cancel the contract without penalty. Is this... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 18, 2022

If they refuse you can sue, the amount is small where you can do in justice court. You could ask for attorney fees.

Consult with an attorney.

1 Answer | Asked in Contracts and Products Liability for Arizona on
Q: I would like a legal review of a release authorization form I've drafted up.

Looking to have a legal review of a 1-2 page release authorization form I've drafted. Please let me know the best way to send a copy.

Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. The format here is limited to general legal questions. It isn't set up to handle review of documents or make attorneys referrals. To have a document reviewed, you could search attorneys on your own or use the... View More

1 Answer | Asked in Contracts and Copyright for Arizona on
Q: I did video work as an independent contractor for an agency, with no contract. Who owns the footage?

The agency and the agency's client whom the videos were used by had a falling out and both are claiming ownership of the videos I shot. I worked almost exclusively with the agency on production of various projects, and the agency paid all my invoices except one that was paid by the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 3, 2022

Copyright in the work for hire is owned by the agency that paid you. It would be reasonable for you to acknowledge that in writing.

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