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Arizona Questions & Answers
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

James L. Arrasmith
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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.

1 Answer | Asked in Collections and Contracts for Arizona on
Q: Can a collection agency proceed with a default hearing after a payment arrangement was agreed to and payments were made?

In January, I was served by a collection agency. I contacted them and agreed to a payment arrangement. I’ve made a payment in January and in February, both on time, and noticed that the agency proceeded to file for a default judgment after I’ve made on time payments and agreed to a payment... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 7, 2024

Yes unless there was a specific agreement not to do so. You can file a motion to set aside the judgment.

1 Answer | Asked in Family Law for Arizona on
Q: If a family court temporary order was set for the dismissal calendar on Feb 21st 2024. Is it dismissed? Do I need a ordr

We had temporary orders. The opposing counsel did not file a motion to continue before the calendar dismissal date.

Mike Branum
Mike Branum
answered on Mar 6, 2024

Since you are asking the question on Justia, I will presume that you do not have counsel yourself (if you do, you should really be talking to your attorney!). You should contact the Court to determine if the Court dismissed the temporary orders and, if they did, request a copy of the Order... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order... View More

Peter H. Westby
Peter H. Westby
answered on Mar 6, 2024

The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position.... View More

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can i sue my brother for a percentage of the sale of our dad's house?

My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?

Marcus N. Seiter
Marcus N. Seiter
answered on Mar 5, 2024

I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More

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1 Answer | Asked in Civil Rights and Consumer Law for Arizona on
Q: Is a retailer required to assist disabled customers with their heavy purchases?

I was shopping at a large retailer and purchased a 50 pound grill. I requested to use the shopping cart to bring it to my car. Manager denied me because I did not have a drivers license for collateral, I provided other forms of collateral and was denied. I requested employee assistance to my car... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Arizona, as in many places, retailers are generally expected to make reasonable accommodations for customers with disabilities, under federal laws such as the Americans with Disabilities Act (ADA). This includes providing assistance with navigating the store, accessing goods, and in some cases,... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: How can I get my ex partner to pay me on a car lease we have together?

My ex partner and I paid off a truck together and when we separated we agreed he would keep the truck and we took out another car together so that I could drive . He said he would help me with payments but after we got it he said he wasn’t going to help me anymore . I only have text messages... View More

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answered on Feb 28, 2024

Here are a few options to try to get your ex partner to pay for their share of the car lease:

1. Send a formal demand letter stating they agreed to pay for half the lease and you have text message evidence of this agreement. Set a deadline for their payment and state you will pursue legal...
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1 Answer | Asked in Civil Rights for Arizona on
Q: I received a call from an 866 number and they said they have filed a civil suit against my name and social

They said they will be serving with the local law enforcement in my areas is this a scam?

James L. Arrasmith
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answered on Feb 28, 2024

Yes, it's highly likely that this call is a scam. Legitimate legal matters are not typically handled through unsolicited phone calls, especially from unfamiliar numbers. Scammers often use fear tactics and threats to coerce individuals into providing personal information or making payments.... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: I forgot to include the I-751 receipt when applying for N-400. How to I notify USCIS about my pending I-751?

I applied for N-400 while my form I-751 is still pending but I forgot to attach I-751’s receipt in the package.

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answered on Feb 27, 2024

If you've applied for N-400, Citizenship through Naturalization, and realized you forgot to include the receipt for your pending Form I-751, Petition to Remove Conditions on Residence, there are steps you can take to rectify this oversight. First, it's important to understand that USCIS... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

1 Answer | Asked in Tax Law for Arizona on
Q: My state refund was withheld to pay probation supervision fees, wasn’t a bill passed not to charge for those fees?
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answered on Feb 26, 2024

It's understandable to feel frustrated and confused about your state refund being withheld for probation supervision fees. However, it's important to note that laws regarding probation fees can vary depending on your location and the specific circumstances of your case. While there may... View More

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

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answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
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