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Arizona Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More

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2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

Addendum - I'm sorry, a minute ago I mean to write, "That doesn't NECESSARILY MEAN it's not possible... "

I inadvertently left out the words "necessarily mean." Good luck

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1 Answer | Asked in Civil Rights, Small Claims, Landlord - Tenant and Domestic Violence for Arizona on
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?

I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More

1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I askea neighbor to tow a vehicle for me we agreed on $100 then he asked for a extra $40 for egas I paid that he towed

I was to pay the $100 the next day instead of collecting the money the next day he towed the vehicle without contacting me has since demanded over three times the original payment refuses to let me get personal items from vehicle (tools) wants me to pay him on cash card first before he tells me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your neighbor towed your vehicle and is now refusing to return it or let you retrieve your personal items, you have legal rights to consider. First, document all agreements, payments made, and any communication between you and your neighbor.

If the vehicle was given to you and you...
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1 Answer | Asked in Small Claims and Employment Law for Arizona on
Q: My company is withdrawing money from my payroll without any notification is that legal

So I know this probably about 2 months ago $150 was being taken out and labeled miscellaneous and that has happened three or four more times since then now it's probably around the total around $600 this isn't the first time I've had discrepancies with my company I have multiple... View More

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

Employers are limited with respect to items they are permitted to withhold from your paycheck. They are generally permitted to withhold certain taxes and benefits that you have agreed to. Otherwise, they are not permitted to withhold additional amounts without written authorization from you. In... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Arizona on
Q: My roommate refuses to pay her half of a signed lease break fee. Will small claims court release me from liability?

If I pay her part of the lease break fee, then go to small claims court, would she be held responsible to pay me back and/or have a judgement against her. What is the best way forward to hold her responsible and releas me of liability? Thank you

T. Augustus Claus
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answered on Aug 15, 2023

Small claims court could potentially help you address the issue of your roommate refusing to pay her share of the signed lease break fee. If you have evidence of the signed lease, the agreed-upon lease break fee, and any communication regarding the fee, you may be able to file a claim in small... View 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 Small Claims for Arizona on
Q: I’m a third party contracted marketing agency. I started working with a client, No contract. We tried w/ him, 2 no avail

I’m a 3rd party marketing agency, started working with a client on Dec 1st. No contract. He green lights us to start, everything seems great until we get into the work, all of a sudden he hates everything. One day things are in the scope of work, then the next it isn’t, we try and deliver for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

An Arizona attorney could advise best, but your question remains open for four weeks. It could be difficult for attorneys here to answer your question without knowing about your agreement, work quality, validity of dissatisfaction, etc. An attorney could advise more definitively after learning... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for Arizona on
Q: my boss refused to give me my check untill i convinced someone to take money instead of sueing him

it was alleged that i was in a fender bender in A company truck. the other party would like to contact our insurance and make a claim. when payday came my boss told me that i had to go convince this other party to take a money bribe and not call his insurance, well i did not do that so he kept my... View More

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

No, he can’t force you to bribe someone as he learned according to the facts stated in your question.

1 Answer | Asked in Small Claims for Arizona on
Q: Can a storage sell your stuff for only $20 . When there is easily 10000 worth of my valuables that were in there?

Auction bid winner won for $810

There were 55 bids

Sold for $20

Does not sound right to me

John Michael Frick
John Michael Frick
answered on Oct 4, 2023

Yes if a person fails to pay their storage fees, the contents can be sold to the highest bidder. Sometimes there’s nothing but junk and paperwork. Sometimes the winning bidder finds a treasure trove. It can be hit or miss.

1 Answer | Asked in Products Liability, Personal Injury and Small Claims for Arizona on
Q: Broken tooth had to be removed on Product from a Grocery store

I purchased a grocery store pitted olive salad that they process in the store and source the Olives from another company. They investigated it and said that in the ingredients small print on packaging it says may have small pieces of pit or pits. They said they would give be my initial dental... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

An Arizona attorney could advise best, but your question remains open for three weeks. Unless you're being presented with the opportunity of going to arbitration, one option is looking into whether the matter falls within the limits of Arizona small claims court. Another option is reaching out... View 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 Small Claims for Arizona on
Q: I am suffering bulemia nervosa after a comment from an ex. My teeth are falling out and it is expensive. Can I sue him?

This probably sounds so crazy. But his comment lead me down a spiral of self-hatred and eventually forcing myself to vomit up food to be skinnier. And now, thanks to all that acid, my teeth have holes and I suspect I need around $10,000 to repair them completely, including 4 crowns and at least 20... View More

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

I'm sorry to hear of everything you are experiencing. Regardless of what I may say about your legal case, please know that you deserved to be treated better by your ex and you should also be kind to yourself and love who you are.

I think winning a case like yours would be difficult....
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1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 24, 2022

On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... View More

1 Answer | Asked in Collections and Small Claims for Arizona on
Q: I received a summons to appear in court for a debt collection, but I live out of state and have no way of attending.

I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2021

This looks like something that a Wisconsin attorney could advise best on, but your post remains open for two weeks, and time is probably of the essence in your actions. Since these things can require responses in the order of around 20 or 30 days in many jurisdictions, reposting your question in... View More

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Arizona on
Q: How can I prove ownership of the vehicle when it's titled in someone else's name?

I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... View More

Mike Branum
Mike Branum
answered on Nov 30, 2021

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... View More

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... View More

Mike Branum
Mike Branum
answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... View More

1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
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Andre L. Pennington
answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Landlord - Tenant for Arizona on
Q: Had a house fire what c an I do

like loosening our stuff stealing my car pain and suffering

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2020

An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in... View More

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