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Arizona Civil Litigation Questions & Answers

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for Arizona on

Q: I need to know what can I do my ex friend has done slander, threats, releasing my medical history, cyber harassing me

I have evidence and videos with proof of her saying all of this

Peter H. Westby answered on Aug 22, 2019

You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for Arizona on

Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?

I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »

Mike Branum answered on Jul 15, 2019

Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Wrongful Death for Arizona on

Q: When States sue drug companies, do they make money from it.

My son was in the Army and got hurt and had to have his whole left hip replaced. Because he was on so many pain meds he lost his life. Can I receive money from these law suits and from all the pain of losing my son and what he had do indure. Gary Phillips flyboyof3@yahoo.com

Peter N. Munsing answered on May 23, 2019

First please ask Justia to take down your email address. You'll get all types of unwanted attention.

Second, as to your question, you need to contact the person at the Attorney General's office to see if they are filing on behalf of the state or on behalf of people in your son's situation,...
Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona on

Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... Read more »

Peter H. Westby answered on Apr 22, 2019

This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Arizona on

Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.

He still lives with me. He also has legal fines, court dates that he misses, is on probation and just seems to be digging this hole deeper and deeper. I want to help him.

Peter H. Westby answered on Apr 8, 2019

A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.

But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Arizona on

Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?

Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an... Read more »

Ryan K Hodges answered on Mar 11, 2019

An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on

Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

In just one year of attending I have a $33,249.70 Student Account balance past due at Arizona State University. This is the amount owed to ASU after all Financial Aid payments ($23,000 of student loans) were applied and is growing with a $100 per month late fee. I am going to SCC for this spring... Read more »

Timothy Denison answered on Jan 25, 2019

You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

1 Answer | Asked in Civil Litigation for Arizona on

Q: Are creditors suppose to send you proof after paying off a garnishment?

I had defaulted on a judgement that resulted in a wage garnishment. I mailed in my last payment amount in December of 2018 with a letter requesting that they went to court to satisfy the judgment. My question is does the creditor have to send me something in the mail stating that the judgement is... Read more »

Peter H. Westby answered on Jan 7, 2019

When a judgment is paid in full, the judgment creditor is required to file a satisfaction of judgment with the court. Usually a copy is sent to the judgment debtor. Completion of a garnishment should result in the judgment being paid in full but there is no guarantee that this is so. I would... Read more »

1 Answer | Asked in Civil Litigation for Arizona on

Q: can ARS 44-1376.03 be used in small claims court

Purchased new garage doors 4 yrs ago. Never told verbally or in writing that the finish would deteriorate within 2 to 3 years. High end Overhead Carriage Garage Doors. On their new brand garage doors with same finish warranty states finish guaranteed for 2 years, we did not receive that information... Read more »

Peter H. Westby answered on Jan 7, 2019

Arizona Statutes can be used in any Arizona court.

1 Answer | Asked in Civil Litigation for Arizona on

Q: What's the chances the court case they're attempting to bring in the state of arizona will be thrown out

What's the chances the court case they're attempting to bring in the state of arizona will be thrown out because the contract states the lawsuit needs to happen in michigan.

BackGround Information:

This is for the sale of an online business, we used a business broker this is a... Read more »

Peter H. Westby answered on Dec 20, 2018

A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it.... Read more »

1 Answer | Asked in Civil Litigation for Arizona on

Q: An ex attorney as a resident agent was served a summons on a llc that i had i have not been served. Do I need to respond

My ex attorney received the summons. I have not been served personally. he sent the summons to me in an email. Do I need to respond to this summons?

Peter H. Westby answered on Dec 15, 2018

I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Arizona on

Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?

The drunk driver was at fault. My 5 yr. old and I were both injured. I was told the policy was for only 30 thou and we were only going to be compensated "a few grand".

David Alan Wolf answered on Dec 7, 2018

The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Arizona on

Q: when you enter a offer or contract is there regulations or policies that has to be follow to make a contract legal

Tim Akpinar answered on Oct 23, 2018

Yes. Depending on the nature of the contract and the jurisdiction, there could be conditions that apply beyond the basic contract elements of offer, acceptance, consideration, etc.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Arizona on

Q: If I bailed out yesterday for a misdemeanor and was supposed to go within 10 business days

I go tommorw and it's a fauiler to appear and driving under suspended license

Zachary Divelbiss answered on Sep 14, 2018

I would like to help you out but it seems your question was cut off. Please contact us directly so we can discuss this more (free). Zach@Divellaw.com or 480-935-6545

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Arizona on

Q: Can my sister that I'm living with throw me out on a whim and not give me access to my property?

I have established residency for 3 years.

I have done work to earn my keep. If this is not a landlord tenant issue then how can I legally get my property out of her house?

Peter H. Westby answered on Sep 7, 2018

From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H &... Read more »

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on

Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... Read more »

Peter H. Westby answered on Aug 25, 2018

The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on

Q: What is the current case law regarding the feeding of feral cats, and can a home owners association prohibit the activiy

We reside in a gated community controlled by an HOA in the City of Mohave Valley, County of Mohave.. There is a colony of “Community Cats” also residing in the neighborhood due to uncontrolled breeding. We have begun a Trap, Neuter and release effort, however, our neighbors have stated a strong... Read more »

Peter H. Westby answered on Jun 12, 2018

I would need to know more about your HOA CC&R's and how this new rule was adopted before I could answer your questions concerning the rule and whether it is enforceable. If the new rule was adopted lawfully, you will need to abide by it or risk being fined. If this is a bad rule and you can... Read more »

1 Answer | Asked in Civil Litigation for Arizona on

Q: Daughter applied for loan, single, married before closing, lender did not update single status on ppwk, does it matter?

She could not qualify for the loan, her father and I co signed, I was concerned they did not update the paperwork to married, although I asked, they said it would be fine. They did however know she was married because we had to pay a judgment against husband before they would close on the house,... Read more »

Peter H. Westby answered on Jun 1, 2018

No, nothing was done wrong. Disclosure was made to the lender and the lender closed the loan. Your daughter's obligation was to disclose her status. Then it was up to the lender to proceed or to revise the documents to include her husband.

1 Answer | Asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona on

Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom has... Read more »

Peter H. Westby answered on Apr 30, 2018

This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

1 Answer | Asked in Civil Litigation and Social Security for Arizona on

Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?

Joel Friedman answered on Apr 15, 2018

I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims

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