Arizona Questions & Answers

Q: I have a question about termination of employment with details below.

1 Answer | Asked in Employment Law for Arizona on
Answered on Nov 21, 2017

There need certain missing details so as to render a proper advice, e.g. How long you are in service? What's the nature of your job? What allegations were leveled? At time of suspension did you receive a formal letter informing about violation of company policy? Whether investigation was conducted in your presence? Who conducted your investigation?

From the given details, I draw a conclusion that due process of suspension and investigation was violated by your company and...
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Q: Can the bank foreclose on property purchased by me in 2012 that the previous owner has a loan on from 2008?

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Answered on Nov 20, 2017

A foreclosure by a first lender is possible. This is an unusual situation. The first mortgage loan from 2008 should have been discovered by the title company that handled your purchase escrow. Normally it would have been paid off before you took title. At this point you have several options. Among them are:

1. Make a claim under the policy of Title Insurance you obtained when you purchased this property;

2. If you have no title insurance policy, consult with a real estate...
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Q: I don’t have any custody from what I was told, of my kids but pay child support. How do I get some sort of custody?

1 Answer | Asked in Child Custody for Arizona on
Answered on Nov 20, 2017

You must file a Petition to Establish Paternity, Legal Decision Making, and Patenting Time. Paternity will be easy because there is already a child support order that has you as the biological Father of the children. The process is fairly easy and forms are available from the court. If Mother has an attorney, I would advise you to do the same.
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Q: I wanted to know if a parent can press charges on their teenager for running away multiple times?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Arizona on
Answered on Nov 19, 2017

Kidnapping is a criminal offence as against run away from home is a voluntary action and if you have child custody then her offence is altogether different. Check whether she ran away this time or kidnapped again.
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Q: Do I need to pay future rent after an eviction?

1 Answer | Asked in Collections and Landlord - Tenant for Arizona on
Answered on Nov 17, 2017

If I correctly understand your question, after eviction and judgment payment made, your tenancy was then terminated, therefore, you need not to pay any rent of the remaining lease period when you vacated the premises. However, if your deposit has still been withheld, it would be appropriate to notify him in writing to return your deposit or he will have to pay you double the amount after the time is over.
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Q: Can a buyer issue a Cure notice to a seller 6 weeks after the Close of Escrow?

1 Answer | Asked in Real Estate Law for Arizona on
Answered on Nov 16, 2017

It is too late to issue a cure notice under your contract. However, this sounds like a disclosure issue. If you did not disclose to the buyer that the carport was not yours and would not convey, this can be a problem. I recommend review of your contract documents and seller's disclosure statement to see what was disclosed. If the carport issue was not disclosed, I recommend mediating and settling this dispute with your buyer.
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Q: Daughter in law took baby to Idaho but my son did not give her permission to move baby there. We live in AZ. What can my

1 Answer | Asked in Divorce and Family Law for Arizona on
Answered on Nov 16, 2017

Father must file for Dissolution of the Marriage and request that the child be immediately returned to AZ (the home state of the child). Waiting on this issue is extremely damaging to your son's chances of having the child returned to Arizona. Also, if he waits, Wife will probably be able to file for Divorce/Dissolution in Idaho and Father will have to defend in that state. I advise getting a court order for the return of the child. In my opinion it would be a mistake to travel to Idaho and...
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Q: who has right of way when there are two lanes turning left onto a freeway on ramp with green arrows

1 Answer | Asked in Traffic Tickets and Car Accidents for Arizona on
Answered on Nov 15, 2017

A lot depends on who is where at what time. They shouldn't have two streams of traffic headed for the same area without a yields sign. With no sign see if your state has a law as to who yields to whom at an unsigned intersection. Suggest you ask your AAA office if they have a traffic safety person you can ask. Or ask the staties.
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Q: How do I obtain a copy of the actual traffic tickets issued to a driver who hit, killed, my sister and did not report.

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Answered on Nov 14, 2017

You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can typically find the information for the law enforcement records department online about how to get the report.

I am sorry for your loss.
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Q: Will the cops go across the united states to arrest someone for exchanging nudes with a minor?

1 Answer | Asked in Communications Law and Criminal Law for Arizona on
Answered on Nov 14, 2017

This sounds a lot like a scam. I answered your question previously. To be safe you should never text nude photos to ANYONE.
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Q: Once an initial monthly statement is submitted to workers' comp, how long should it take to receive payment?

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Nov 14, 2017

Your temporary partial disability (TPD) payments are payable every 30 days, so you should be due again if you're still on the same work status. You also should already have received and sent back to the adjuster your monthly report of job search attempts (mandatory, at least an average of 3 a week - you typically may satisfy this requirement by registering with job search engines like careerbuilder.com, indeed.com, ziprecruiter.com, monster.com, and similar sites) and income, if any, which is...
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Q: If I'm being evicted how much time do I have to vacate the property

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Answered on Nov 14, 2017

Once an eviction proceeding commences by the filing and service of a complaint, time is short. You will have your court hearing within 10 days. If the court orders an eviction, you will have 5 days to vacate. If you are not out in 5 days, a writ of restitution will be issued and send to the Sheriff. The Sheriff will then, contact you and will handle the actual eviction. Being evicted by the Sheriff is inconvenient and unpleasant. So plan on being out within 5 days after the court issues...
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Q: Workers comp insurance refuses to pay lost wages for my second job stating that there's no way I could have worked

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Nov 13, 2017

Your average monthly wage, the term used in Arizona for determining your benefits payments, is set by the industrial commission and not by the insurance carrier. If you have not received a notice of average monthly wage, again from the industrial commission itself, you should send copies of your pay records from both jobs so that the wages and earnings can be combined. You are entitled to the combined amount as long as both of your jobs were covered by Arizona workers compensation law. If you...
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Q: I have a prospective tenant that wants to pay a years rent, $30K, up front. Any downfalls for landlord to accept?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Answered on Nov 13, 2017

This sounds attractive but you should investigate the prospective tenant and the reasons for the offer very carefully before accepting. Sometimes this kind of an offer is legitimate, but sometimes it is an attempt to hide assets from creditor or a bankruptcy court. If so, this could result in a claim against you to recover all or a portion of the prepaid funds leaving you with no money and a tenant that may not be able to pay additional rent.
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Q: I'm selling a vacant land parcel with seller financing. What loan type is recommended (land contract vs. deed of trust)?

1 Answer | Asked in Real Estate Law for Arizona on
Answered on Nov 13, 2017

I would prefer to use a promissory note and deed of trust to secure your seller carryback loan. In the event of a default, a deed of trust can be foreclosed non-judicially by trustee's sale. You might be able to handle the trustee's sale yourself but I would not recommend it. I strongly recommend hiring a lawyer who handles a lot of these to assist you with a trustee's sale. Be prepared to budget several thousand dollars for this process which will often take 4-6 months to complete.
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Q: Was divorced after 20 years of marriage. Does my ex have to draw social security when he is retirement age?

1 Answer | Asked in Social Security for Arizona on
Answered on Nov 12, 2017

This is the Social Security Administration page for you as a divorced spouse. You may be able to receive benefits before your ex-husband, but there is a reduction if you request them before your full retirement age. You should also look into disability payments for yourself, on your own work record, if your knee problems are interfering seriously with your ability to work - it will depend on what actually is wrong with your knees, what work you are doing now and have done in the last 15+ years,...
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Q: I got into my first accident and was cited for running a red light. What do I do now?

1 Answer | Asked in Car Accidents and Traffic Tickets for Arizona on
Answered on Nov 11, 2017

See if there was an intersection camera.Act fast,request in person. If the light normally would go yellow you have a problem as you entered the intersection on a yellow. However worth a consult with an attorney. If you were hurt, contact a member of the Az Trial Lawyers Assn--they give free consults--as you may have an argument that you had "position" on the other driver.
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Q: Can my employer adjust my pay if I was supposed to be demoted but the paper work was never finalized?

1 Answer | Asked in Employment Law for Arizona on
Answered on Nov 11, 2017

If demoted as a penalty then pay will suppose to be reduced commensurate to work or designation, etc. If demoted by virtue of management exercise, then possibility is that your take home salary get no dent.
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Q: Is it possible to get a dissmisal on a 10 year old domestic violence case in phoenix AZ.

1 Answer | Asked in Domestic Violence for Arizona on
Answered on Nov 10, 2017

it would depend on the facts....in calif if the police/DA/Court do not try to reach you for a year or more and you have not moved, then your lawyer could make a Serna motion for lack of timely prosecution...........i do not know what they do in AZ
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Q: I've been served child support papers. I am biological father and petitioner is ex husband of the mother.

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Nov 9, 2017

Biological father carry a priority edge over others. Before you proffer for recourse, get all the details and claims they intend to submit before the court where you better be represented by an Atty of your local jurisdiction to defend your position and/or seek remedies that you desire.
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