Get free answers to your Civil Litigation legal questions from lawyers in your area.
Filed he been taking things out an saying this an that are gone how can I leagely have him move his stuff
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.
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 
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
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.
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?
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.
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 The original first year address has been outdated and out of commission.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
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.
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
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.
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
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
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
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
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?
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
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
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
Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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!
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
This person is seeking harm by slander in order to intimidate and harass
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... View More
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... View More
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... View More
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?
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... View More
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