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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

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... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Arizona on
Q: Am I a Class Member even though I was not a plaintiff in Vargas, et al. v. Ford Motor Company?

With the recent Ford Class Action (Vargas, et al. v. Ford Motor Company) reaching a Settlement, I hope it's finally time to get rid of my problematic 2011 Ford Fiesta while Ford pays for it (it's currently at the dealership right now with transmission issues for about the 4th or 5th... Read more »

Adam Savett
Adam Savett answered on May 8, 2020

You are a member of the class, and thus entitled to participate in the benefits of the settlement if you meet the class definition. You do not NEED to be a plaintiff in order to participate in most class actions in the United States.

The definition in this case is:

You are a Class...
Read more »

1 Answer | Asked in Civil Litigation and Probate for Arizona on
Q: I have a question about getting property back from an estate where the person died without a will.

My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Mar 20, 2020

You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.

1 Answer | Asked in Civil Litigation for Arizona on
Q: Can I bring a Craigslist seller to small claims court for a car sale?

Hi Sirs/Maams,

I bought a car off Craigslist. The private seller says the engine has been rebuild 20,000 miles ago and the car runs great.

I bought it and 3 days later the engine died. My mechanic says I will have to put a new engine in or scrap the car. He is convinced the engine... Read more »

Peter H. Westby
Peter H. Westby answered on Dec 30, 2019

Yes, you can file suit in the small claims court so long as your claim is $3500.00 or less. It is impossible to give you an answer as to your chances of winning with the information you provided. You will need to prove that your seller misrepresented the facts to you. With your mechanic's... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: What do the new tiers mean 10 interrogatories, 10 request for admissions mean. Is it the amount asked in the discovery?

The disclosure is no longer 40 interrogatories,25 request for admission and unlimted request for production of documents? I am confused by the numbers in front of the each discovery that can be requested.

Freddy Saavedra
Freddy Saavedra answered on Nov 14, 2019

The new civil rules in Arizona at 16 A.R.S. Rules of Civil Procedure, Rule 26 lay out the determinations for three different "tiers" of cases. These different tiers each have specific amounts of discovery allowed based on case complexity and the amount in controversy.

In terms of...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: I'm not sure how many I can ask or request.

(2) Tier 2. Each side in a Tier 2 case is permitted 15 total hours of fact witness depositions, 10 Rule 33 interrogatories, 10 Rule 34 requests for production, 10 Rule 36 requests for admission, and 180 days in which to complete discovery.

Freddy Saavedra
Freddy Saavedra answered on Nov 12, 2019

The new civil rules in Arizona have different discovery limits applicable to new cases based on complexity/damages. 16 A.R.S. Rules of Civil Procedure, Rule 26.2 lays out the various case characteristics for cases from Tier 1-3. You really need to determine which tier your case falls into and then... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: brother stole my dads entire estate&sold it.I filed probate but I cant be admin. 4 travel 85% of year.should i sue civil

Its a very long story about horrible sibling & dad w/o a will & drug addict brother moved into guest house & basically stole the entire estate & undue influence.Im sure I can prove all 5 points of undue influence,. This was 3 years ago. I hired an attorney to start probate. He took... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

Your question remains open for two weeks probably because this is not the type of matter that general civil litigation attorneys (the category in which you posted) ordinarily handle. If you added Probate - Estate Planning to your categories, an attorney who has insight to such matters might have a... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: I got a suspension order because I fail my road test? I'm not even a licensed driver?
Gary Kollin
Gary Kollin answered on Oct 3, 2019

You answered your own question

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
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
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

Peter N. Munsing
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...
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
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
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
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
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
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
Peter H. Westby answered on Jan 7, 2019

Arizona Statutes can be used in any Arizona court.

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