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Arizona Civil Litigation Questions & Answers
2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for Arizona on
Q: Is there anything I can do about a bank that allowed an LLC account to be closed despite a granted Charging Order?

I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... Read more »

David H. Relkin
David H. Relkin
answered on Apr 23, 2023

A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... Read more »

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1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: I filed a civil suit against someone due to damages to my car from a board falling out of truck on freeway.

But I realized that the copy of the pictures for evidence that everyone got was black and white. But mine is in color. Can I bring in the color pictures for the Civil and use them or any new evidence for the Civil suit?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. This could depend on your local rules of evidence, and the judge's discretion. Until you're able to consult with a local attorney for specific guidance, you could try bringing in the color sets. If they... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
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answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: During my deposition, am I required to answer questions in all aspects of my life, or is just one role identified?

I am summoned for a deposition. In 2019 I was the owner of a vehicle that an employee of mine was driving when involved in an accident. I was her supervisor. In late 2020, her and I started dating.

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. Who is taking the deposition? If it is by the plaintiff's attorney, your carrier may have assigned an attorney to you. If that's the case, they should brief you on the scope of questions you could... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I let a friend store his stuff in my garage it was broken into an some of his an my stuff was taken police report was fi

Filed he been taking things out an saying this an that are gone how can I leagely have him move his stuff

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

In writing, tell him he has 30 days to remove the items from your garage and that if he does not remove them by that date, you will dispose of his remaining belongings, and then wait another 30 days before you remove them.

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2022

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... Read more »

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
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1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.

If you have not done so already, you can challenge the...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... Read more »

Peter H. Westby
Peter H. Westby
answered on Aug 1, 2022

From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... Read more »

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.

That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and...
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1 Answer | Asked in Personal Injury and Civil Litigation for Arizona on
Q: Would I be able to sue in Maricopa County, Arizona, a person making libelous content about me who is a resident of PA?

This person is seeking harm by slander in order to intimidate and harass

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2022

This is something that only local attorneys could advise on in terms of state court systems, since venue is governed by state rules of civil procedure. But your question remains open for two weeks.

If you contemplate the federal court system, rules for venue are outlined in the Federal...
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1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
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1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.
Sean Woods
Sean Woods
answered on Apr 29, 2022

Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then...
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1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
Sean Woods
answered on Apr 28, 2022

While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.

Waiving service saves costs and gives the person answering 60 to respond...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Arizona on
Q: Can you sue a survival company for having faulty equipment on the survival watch they sell? The compass is faulty.

The watch is "Pro-4 Tactical Survival Watch". Imported and distributed by: Pro-4 Marketing LLC 32411 Industrial Drive, Madison Heights, MI 48071

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

Yes, but it may be easier to just return the faulty watch for a refund if it is new or for warranty repair service if it has been used but is still in warranty.

Lawsuits can be fairly expensive.

1 Answer | Asked in Business Law, Civil Litigation and Collections for Arizona on
Q: Can I file a motion for an extension of time with the court to find an attorney to comply with AZ Rule 26?

I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 3, 2023

Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

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