An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of "Probate" and "Estate Planning." That appears to be the substantive area of law here.
As a general matter, arbitrations can be...View More
The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... View More
Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices...View More
We are the respondent, claimant initially filed with AAA for arbitration in Arizona. Counsel has been removed and we have been given leave to represent ourselves (company). During a search of the prior documents submitted we noticed that there has never been a filing for a counterclaim. The... View More
An Arizona attorney should advise, but your question remains open for several days and your arbitration is this week. Until you're able to reach a local attorney, one option is to check if the Arbitrator's Case Administrator could offer guidance. Good luck
Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.
An Arizona attorney could advise best, but your question remains open for two weeks. From the brief description, it sounds like you're both inclined toward amicable resolution. If that's the case, you could engage in discussions. This is only a generality that would apply anywhere...View More
I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no...View More
An Arizona attorney could advise best, but your question remains open for two weeks. First, you could check arbitrator's decision. Toward the end, there should be a paragraph on the amount awarded, what it includes, interest due (if any), and the timeframe within which payment is to be made....View More
Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he...View More
An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck
Loan was in default December 2018. Car was totaled in a very bad accident, and had no insurance coverage at the time. Lender charged off debt as "due to natural disaster" according to my credit report. They didn't file until December 21, 2020. We weren't served until June 18, 2021.
Yes, if the plaintiff prevails and a judgement is entered against you it is possible that your wages will be garnished. I recommend that you consult with an attorney immediately to review this matter and get assistance to defend or settle this claim.
My boyfriend financed a car for me. We had a verbal agreement that the car would be mine as long as I paid all payments, expenses, and down payment. It is 30 months later and I have never missed or been late for a payment and I have payed ALL related expenses.... View More
Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... View More
My case was heard in mediation March 2019. I am a touring musician and left the country and area for many months not returning until March 2020. The defendant committed perjury within her memoranda. The residing attorney never read our memorandas in our presence to check for discrepancies. It was... View More
The unfortunate reality is that litigants nearly always distort or embellish the truth, even in open court while under oath. There isn't any real procedural remedy. Whenever this happens, you can prepare evidence to disprove the allegations contained in the mediation memo.
As a general rule, arbitration clauses are upheld. Additionally, decisions of arbitrators are regarded with the same binding effect as court decisions. If the clause was challenged, an Arizona attorney could offer more meaningful insight after reviewing the contract in detail. Good luck
I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... View More
In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.
You need help to obtain your share of the community property and spousal support from your husband. If you cannot afford a lawyer you should contact Community Legal Services or the State Bar of Arizona Volunteer lawyers program. Either may be able to match you with an attorney who will work...View More
A medical office billed for two types of visits on one day, which they didn't perform. I got the bill and have sent them the dispute, called and left messages and then sent check for the one visit, writing pd in full on the check. They cashed it and now sent me a bill adding 32.00 for late... View More
Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
I received an award in arbitration and the arbitrator directed that I should submit a verified statement of costs, which I did, whereupon the other side served an objection stating that my filing fee costs and mailing costs were not recoverable under ARS 12-332. Is he correct?
Filing fees are normally requested as "fees of officers and witnesses" because the clerk of the court is an officer. However, strange things can happen in litigation. Talk to a local lawyer to verify.
Please Take Notice: I am not your lawyer unless we enter into an engagement...View More
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