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Arizona Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I was evicted on the 18th of January filed by my landlords on the 18th we received no court date to go to by the constab

We were given 7 days by the constable to vacate the premises even though they should have refilled the entire start all over again and file non compliance to vacate. The judgement from the court on October 12, 2023 was that the judge stipulated they by the date of January 15 th if they haven't... View More

James L. Arrasmith
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answered on Mar 26, 2024

If you were evicted on January 18 but did not receive a proper court date, this could be an issue with due process. Landlords typically need to provide tenants with adequate notice and the opportunity to appear in court. If this didn't happen, it could be a violation of your rights. It's... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Personal Injury for Arizona on
Q: My landlord is stealing my possessions from the property after eviction, we made arrangements to pack up and move out.

We were given ample amount of time that there was no rush take out time and that we wanted to make sure the property was cleaned up as well. He has been witnessed by myself and others neighbors friends taking the possessions loading them up on his roll sck and escorting whatever he wishes off the... View More

James L. Arrasmith
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answered on Mar 26, 2024

If your landlord is removing your possessions without your permission, this could be a violation of your rights. First, document everything: take pictures, gather statements from witnesses, and keep any communication with the landlord or neighbors regarding the eviction and your arrangements to... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Arizona is a right to work state but how far does that extend can anything be done to protect my dad’s job

My dad has been working in tech for almost 25ish years he is a veteran and has recently had hip issues and needs a replacement he has his surgery tomorrow and has till Monday to except or deny a severance package

Joel Friedman
Joel Friedman
answered on Mar 20, 2024

Your question hopefully will be answered by an employment law attorney, because it is not a workers' compensation issue unless your father's hip problems are the result of a work injury (accident or repetitive activities). I am not an employment lawyer but I generally tell my work injury... View More

4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 19, 2024

There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More

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1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: IM IN ARIZONA, I HAVE AN ABANDONED VEHICLE FROM NEW MEXICO. HOW CAN I FILE FOR ABANDONED TITLE

VEHICLE HAS BEEN HERE FOR 5 MONTHS. IVE MADE EVERT ATTEMPT TO CONTACT AN OWNER

James L. Arrasmith
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answered on Mar 16, 2024

In Arizona, if you have an abandoned vehicle from New Mexico that has been left on your property for over five months, you need to follow specific steps to apply for an abandoned vehicle title. First, you should contact the local law enforcement agency to have the vehicle inspected and to verify... View More

1 Answer | Asked in Federal Crimes, Personal Injury, Banking, Internet Law, Health Care Law and Identity Theft for Arizona on
Q: Violation 4th amendment, privacy, harassment, discrimination, targeted individual, identity theft, discrimination

Multiple medical facilities disclosed ALL of my information without concentration or warrant at the time of disclosure. Identity thft, hacking and stealing all of my information and disclosing it on public social media websites. Misconduct and Malicious intent to harm.

James L. Arrasmith
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answered on Mar 15, 2024

If you believe your rights under the Fourth Amendment have been violated due to unauthorized disclosure of your private medical information, it's important to take action. Begin by documenting all evidence related to the incidents, such as screenshots, dates, and details of the breaches. Then,... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: Forcible Detainer appeal and quiet title action at the same time.

A fraudulent Warranty Deed was recorded and then sold and new owner filed a forcible detainer action against the "rightful" owner claiming they had a rental agreement which they did not and failed to serve the owner (tenant) in accordance with the rules and were awarded a judgment and a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving complex legal disputes such as this one, it's essential to navigate the legal system with careful consideration. You can indeed file an appeal against the judgment of the Justice Court while simultaneously pursuing a quiet title action to dispute the validity of the... View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
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answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

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1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Medical Malpractice for Arizona on
Q: Can a medical professional use law enforcement to intimidate you into listening/taking their advise?

My Dr. at Valleywise Health Care Center utilized law enforcement to intimidate me. I was answering questions and the Dr. felt disrespected by my answer. She then proceeded to gather 4-6 LEO’s into my room to intimidate me.

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2024

More facts would be needed to evaluate a case or not. What you outline might be sufficient to warrant a case for medical malpractice or another tort. While you should most definitely confer with experienced attorneys, you should not be surprised if you cannot find an attorney to take on the case.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: So can I use “So Cool” on merchandise for free or not

That is all

Alan Harrison
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answered on Mar 12, 2024

Answering this question accurately would require looking at exactly how you propose to show the words "so cool" and doing a thorough search of government records and the Internet to learn whether anyone else previously had registered or is using a similar looking set of words.

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1 Answer | Asked in Civil Litigation for Arizona on
Q: A friend committed suicide and blew his mobile home up . His family is giving us his vehicles . How do we go about getti

Them from the mobile home park . Can they stop us from taking them

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the loss of your friend. This must be a very difficult time for you and his family.

In this situation, the first step would be to determine who has the legal right to the vehicles. If your friend left a will specifying that the vehicles should go to his...
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1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I paid my Rent they excepted it today of the 11th I got addiction notice and for not doing are paying late fees is that

Moved in on the fifth of last year did not. Prorate my rent so it’s due on the fifth and she doesn’t do five day grace period does that allowed

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems there are a few issues to address:

1. Late fees: In Arizona, landlords can charge late fees, but they must be specified in the lease agreement. If your lease states a late fee policy and grace period (or lack thereof), the landlord is generally...
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1 Answer | Asked in Copyright, Gaming and Intellectual Property for Arizona on
Q: if I make a game that’s very… similar to Grand Theft Auto. And I name it “No auto” is this copyright and can I be sued?
James L. Arrasmith
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answered on Mar 11, 2024

If you create a game that is very similar to Grand Theft Auto and name it "No Auto," you could potentially face legal issues related to copyright infringement and trademark infringement. Here's why:

1. Copyright Infringement: If your game copies substantial elements from...
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1 Answer | Asked in Tax Law for Arizona on
Q: How do I foreclose a tax lien when the owner is deceased?

I buy tax lien certificates in the state of Arizona. I am familiar with the foreclosure process as I have been doing this a few years now but I have a new one, the owner is deceased. Do I still send all the necessary documents such as 'Intent to foreclose' to his mailing address even... View More

James L. Arrasmith
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answered on Mar 11, 2024

When foreclosing on a tax lien where the property owner is deceased, the process can be more complex. In Arizona, you'll need to follow the state's probate laws in addition to the tax lien foreclosure procedures. Here are some general steps to consider:

1. Attempt to locate the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I'm a landlord that got a bad result in Justice Court. Should I appeal my Landlord-Tenant case to Superior Court?

In Arizona, I (the landlord) need to appeal a Justice Court landlord-tenant case decided in Cochise County. On balance, the judge ruled against us. The primary reasons we lost were the judge (1) considered text messages sent to a handyman (he is an independent contractor, not our salaried... View More

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answered on Mar 31, 2024

Based on the information provided, it sounds like you have some potentially strong grounds for appealing the Justice Court's decision to the Superior Court in Arizona. A few key considerations:

1. Notice of repair requests - Whether notice to an independent contractor handyman...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just left Arizona with my three kids to escape my abusive ex and go back to our home in Ohio with all of our family

He got the police involved when he realized I left and is saying I kidnapped the kids. I know I’m doing the right thing for them but now I’m so scared that he will find us, take the kids, or I will get in trouble

Mike Branum
Mike Branum
answered on Mar 8, 2024

You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.

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