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Arizona Small Claims Questions & Answers
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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Arizona on
Q: Am I obligated to pay for a rental car that I didn't sign an agreement fro it?

I recently rented a car, and typically before you get the keys, you sign a rental agreement. I was not asked to sign any agreement, am I still obligated to pay without signing an agreement?

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. As a general premise, signing an agreement has evolved from what it meant in the past. Digital keystrokes on a computer or other device have attained the same legal force as a traditional signature left by a pen on... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Arizona on
Q: my mechanic said that the new engine was stolen by a guy at the dealer he ordered from. What can I do about this.

My gasket blew and I took it to my mechanic. I decided to buy a new engine and payed my mechanic up front for parts. After weeks he said that a guy from dealer stole it and engine was not delivered. He said when I asked that their was nothing legal he could think of to do about the dealer he... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Aug 3, 2020

If your mechanic ordered the engine from a dealership and it is stolen at the dealership while in their custody, the loss is taken by the dealership and they would need to order a new engine. The allegations by your mechanic just don't sound right. If he purchased an engine, he must have a... Read more »

2 Answers | Asked in Small Claims for Arizona on
Q: How much would it cost to have a lawyer review a 2,500 word small claims court presentation and 21 Exhibit list?

None

Tim Akpinar
Tim Akpinar answered on Jul 26, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. It could be difficult for an attorney to compute a price based on the brief details provided. You could summarize your presentation to 300 - 400 words and make a one or two page summarized inventory of your 21... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Arizona on
Q: Apartment switched property management companies after my lease ended... which one do I sue?

I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.

The complex employed a new property management company AFTER I moved out.

Do I sue the property management company that was used when I signed the original lease or the new... Read more »

Mr Frankie Adamo Esq
Mr Frankie Adamo Esq answered on Jun 11, 2020

Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... Read more »

2 Answers | Asked in Bankruptcy, Civil Rights, Domestic Violence and Small Claims for Arizona on
Q: My ex boyfriend sued me for gifs after I got an order of protection against him.

I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?

Diane L. Drain
Diane L. Drain answered on Feb 1, 2020

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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1 Answer | Asked in Insurance Defense and Small Claims for Arizona on
Q: My Grandfather left a faucet running at neighbors house It flooded carpet. Does there insurance cover or is he liable?

They are out of town and asked him to watch there house. They have home insurance he does not.

Tim Akpinar
Tim Akpinar answered on Oct 23, 2019

Insurance generally runs with the property, so the relevant policy would be the one for the neighbor, not the one carried by your grandfather. The terms of the policy would govern coverage. The neighbors could put in a claim through their carrier. If it is accepted and covered, there could be a... Read more »

1 Answer | Asked in Business Law and Small Claims for Arizona on
Q: how do I have someone arrested or charged with theft of services

I provided services to an Airbnb home for 3-4 months. the owners have not paid for the last 3 months.

Mike Branum
Mike Branum answered on Sep 19, 2019

This is a civil matter (contract dispute). If the amount is $10,000 or less, you may file a claim through small claims court without hiring an attorney. You must make sure that you have any documentation of your agreement or the services you provided and if you are to present any witnesses you need... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Intellectual Property and Small Claims for Arizona on
Q: I NEED TO KNOW WHAT KIND OF LAWYER I NEED AND HOW TO SEEK DAMAGES FOR A CLAIM THATS ALREADY BEEN SETTLED VERY WRONGFULLY

i WAS HIT IN AN ACCIDENT, BECAUSE OF AN ERROR ON THE CITY COURTS SIDE, MY LICSENSE WAS SHOWING AS SUSPENDED ITWASNT SUPPOSED TO BE, AFTER THE OFFICER SAW THAT HE IMPOUNDED MY TRUCK, AND STARTED TO IGNORE ME COMPLETELY, WROTE ME TICKET, TOLD THE GUY WHO STRUCK ME IT WAS AUTOMATICALLY MY FAULT,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 29, 2019

Assuming you were injured, and the two years has not run, you can make a claim against the other driver. Trying to sue someone over the court mess won't get you anywhere. Congratulations, though on unscrambling it. As to the bills, depending on what they are etc you may be able to collect on... Read more »

1 Answer | Asked in Small Claims for Arizona on
Q: I gave my brother 500 for rent nad deposit we haven't moved in so i wanted it back due to another altercation

Other altercation was a car i bought from my sister and he wont give the keys since it was in his name

Mike Branum
Mike Branum answered on Aug 15, 2019

I would suggest you enlist a neutral third-party who your brother respects to assist you in reasoning with your brother. If he still does not return your money, you could file a small claims court action to recover your money. You will need to make sure you have documents which prove you handed... Read more »

1 Answer | Asked in Business Law, Identity Theft, Small Claims and Criminal Law for Arizona on
Q: What are all the things someone can do to a small business that is breaking the law?

I own a delivery company it's a small business I have my LLC. I have contracts in three states and have just gotten one in Washington. I was wanting to know what the small business laws are for my company?

I don't know exactly how to word it but basically if someone does... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2019

This is a somewhat open-ended question where attorneys could be hesitant to offer guidance; the list could be very broad and exhaustive. You could consult with an Arizona attorney to discuss your needs and budget, and address things that are reasonable and practicable to be concerned with. You... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

I hope you are recovering from your second degree burns. What you describe here could possibly be the basis for a product liability cause of action. To learn if that might be the case, you could arrange a brief consultation with a product liability attorney in Arizona (it looks like that is where... Read more »

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... Read more »

Gary Kollin
Gary Kollin answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Civil Rights and Small Claims for Arizona on
Q: Investigation to find out who called the cops

My ex thinks I called the cops on him. I didn't. From what I'm able to tell, it was for a noise complaint. There wasn't an arrest or report. The cops just showed up, did their thing, and left.

Now, I'm being told that he's filing for an investigation on the phone... Read more »

Gary Kollin
Gary Kollin answered on May 18, 2018

The answer is possibly.

Too many factors and too little information to evaluate

1 Answer | Asked in Civil Litigation, Probate and Small Claims for Arizona on
Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?

We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 6, 2018

There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Arizona on
Q: My vehicle was hit driver side. No witnesses. My word vs theirs. Ins said 50/50 fault. We both got $1k after fees etc.

Old ins. co. called said they are going to serve me to extend the case past 2 yrs statute of limitations in 1st wk of April 18'. The $1k settlement did not cover all my expenses. I have moved on though. They were taken away in an ambulance but walked to it.

Wondering if I should ALSO... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

You say you settled. You say there are fees. If the fees were for a lawyer, ask the lawyer what to do. If you are sued your insurance company needs to know and be involved. They will have a lawyer represent you.

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Arizona on
Q: i filed a complaint in az to the housing dept for mobile homes and the legal paper the housing dept uses was short.

the respondent answered with a motion to dismiss. is it too late to put in my disclosure

Peter H. Westby
Peter H. Westby answered on Feb 26, 2018

So long as your case is still pending it is never too late to correct any errors or disclosure issues and you should do so as soon as possible. You may also want to consider obtaining professional help to respond to the motion to dismiss. Correcting deficiencies and providing disclosure materials... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Arizona on
Q: My mom was tricked into buying overpriced collectible coins. What laws can I sue under?

They convinced us that bullion would be confiscated and then told us the coins they were selling us were worth $2000 each but they're only worth about $1300. She paid $2020 each. She bought 7. I want to sue but need advice as to which laws were violated.

Tevis Steven Reich
Tevis Steven Reich answered on Mar 2, 2017

She may have a claim for fraud, fraudulent inducement, material misrepresentation. There are multiple consumer protection laws that may also be applicable. An attorney in your area should be able to help you.

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