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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Health Care Law, Civil Litigation and Family Law for Arizona on
Q: They are discharging me from the adult foster care provider with no where else to go and no notice. I have 5 days then I

Devereux adult foster care

T. Augustus Claus
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answered on Jul 12, 2023

If you believe you have been wrongfully discharged from an adult foster care provider without proper notice or alternative arrangements, you may potentially have legal grounds to pursue a lawsuit. Consulting with an attorney who specializes in adult foster care and housing laws is crucial in... View 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... View 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... View 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... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you change a sole proprietor business into an LLC in order to protect your personal assets after a judgment?

I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you file a writ of garnishment against a debtors Zelle, Venmo or Cashapp? Is the process different than thru a bank?

The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Arizona on
Q: Def transferd all assets to LLC aftr judgment, can I gain access to LLC with a Default Judgment of new Complaint?

Won a judgment against defendant. The def had an LLC for their business but never used it in any way. It laid dormant since 2019 until my judgment. The original first year address has been outdated and out of commission. The Arizona Corp Commission has suggested this would be an Invalid LLC address... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. You would need to try to “pierce the corporate veil.” It is doable but difficult and a new default judgment or complaint would not be effective in so doing.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona on
Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2023

Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Arizona on
Q: Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... View More

Timothy Denison
Timothy Denison
answered on Jan 9, 2023

Yes. Those are fraudulent transfers by the debtor that can be set aside.

1 Answer | Asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2023

You must include both husband and wife in your suit or it will fail.

1 Answer | Asked in Bankruptcy, Contracts, Personal Injury and Civil Litigation for Arizona on
Q: Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

I won a judgment on a debtor and she completely zeroed out her bank account. This was made known when I attempted a Writ of Garnishment on her bank account that recently failed. She uses a Cashapp for her business. Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

Timothy Denison
Timothy Denison
answered on Dec 19, 2022

Yes.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

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

1 Answer | Asked in Civil Litigation, Family Law and Probate for Arizona on
Q: My mother died on the 26th of feb. And her new husband is refusing to tell me any information at all

My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Those are a lot of things that almost happened.

If the will isn't completed and signed, it's not valid.

If the divorce isn't finalized, she died a married woman.

Unless there was a prior will, it looks like her case will go through probate and the...
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1 Answer | Asked in Family Law, Animal / Dog Law and Civil Litigation for Arizona on
Q: Can a judge force a person to return a pet to it's owner if the owner can prove ownership?

my cat went missing and he was recovered by my neighbor. My neighbor did not know the cat was mine and posted an add for my cat. A lady who has a similar cat found the ad before I did and went and picked up my cat. She refuses to give him back and told me to take her to court. I know it's my... View More

Juliet Piccone
Juliet Piccone
answered on Feb 16, 2022

You can sue her in a replevin action and if the court agrees you’ve proved ownership the court absolutely can order her to return your cat and even issue a writ to law enforcement directing them to go seize the cat to return to you.

1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 23, 2022

There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.

As for all other issues you raise, the two of you...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
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1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: Can I take my friends car if she doesn't want to give me my car I paid for?

So I just got out of prison and a girl that I thought was my friend let me stay at her daughter's house "paid rent" "food" ect.. about a couple days of me being there I started looking for a car... Her boyfriend said that his brother has a couple vehicles for sale... He... View More

Nadine Sameer Deeb
Nadine Sameer Deeb
answered on Nov 11, 2021

Unfortunately some key components are missing from your question in order for an attorney to provide you with an answer. It's important to know who has the money that you gave to the boyfriend. Did he pay it toward his car, did he put it as a deposit on your car, or does he still have it? If... View More

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