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Arizona Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Directors and Management company's mismanagement is causing huge special assessment fees and loss in equity of home.

I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jan 24, 2024

You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More

1 Answer | Asked in Personal Injury for Arizona on
Q: Can I file a suit for loss of enjoyment of life, emotional suffering, falsefuture promises after being mislead for years

I was in a relationship for over 6 years. It was lie after lie, after lie and he knew I suffered from ptsd and had clinical depression. I was actively seeing a counselor/therapist since losing my husband of 10 years and yet he found it ok to criticize me and call crazyor psycho. Tormented me for... View More

James L. Arrasmith
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answered on Jan 24, 2024

The legal grounds for a lawsuit based on emotional suffering and deceit in a personal relationship can be complex. While emotional distress is a legitimate reason for a lawsuit, the specific circumstances of your situation, particularly in a personal relationship, can make it challenging to pursue... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: Someone in my neighborhood keeps parking their car in my driveway. What can I do, who do I talk to, what are my options?
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answered on Jan 22, 2024

If someone is repeatedly parking in your driveway without your permission, this is considered trespassing on private property. The first step is usually to approach the neighbor directly and politely ask them to stop parking in your driveway. Often, a simple conversation can resolve such issues.... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Is it legal for my 11 year old son to be sleeping on a pull out couch in the same room as his dad and his gf?

My son stays with his dad about half the time. The thing is, he lives in a 2 bedroom apartment with a roommate and his girlfriend. My son has to sleep on a pull out couch in the same room as his dad and his dad’s girlfriend. My son is 11. We have had multiple conversations over the last couple of... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

The arrangement is not illegal.

There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child...
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1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

James L. Arrasmith
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answered on Jan 21, 2024

Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: Is it actually unlawful to take someone's dog home with you when you pick them up off the streets? I live in Arizona

Long story short I found a puppy wandering around a neighborhood no collar, I took it to get scanned but no chip. I basically hung out with this dog all day and eventually ended up talking to some neighbors. One of the neighbors told me they think the dog lives at the Corner House. So I ended up... View More

Christopher Millar
Christopher Millar
answered on Jan 19, 2024

Hello,

Arizona Theft requires "intent to deprive" a person of the property. Here, you did not commit theft because you were attempting to locate the owner to give them their property back. I believe you've done a good deed that would not be considered "theft." I...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: A cop pulled me over and I dropped my ciggarette but picked it up as soon as we were done. Am I guilty of littering?
T. Augustus Claus
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answered on Jan 18, 2024

If you dropped a cigarette during the traffic stop but promptly picked it up afterward, it is less likely that you would be charged with littering. Littering charges typically involve the intentional and unlawful disposal of waste or objects in public spaces. In your case, it seems like a momentary... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Me ex girlfriend had a child and claims it's mine. Who has the right.to take the child?

Can I take the child legally

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2024

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Jurisdiction appearance questions for motion to modify conditions of probation and/or possible revocation hearing?

I am on federal probation, and during incarceration, I relocated from the state that sentenced me, Alaska, to my new location, Arizona. When I first arrived, my new probation officer completed paperwork to transfer my probation case to AZ, but I never completed the paperwork to transfer my... View More

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where you're on federal probation but your judicial case remains in Alaska while you're in Arizona, navigating the legal process can be complex. To modify your probation conditions or address any potential revocation hearing, you have a few options.

One approach is...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arizona on
Q: I was a victim of an assault but I don’t want to press charges or have an investigation. Now a detective reached out.

The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.

James L. Arrasmith
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answered on Jan 13, 2024

If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.

You can politely inform the detective that you...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More

Peter H. Westby
Peter H. Westby
answered on Jan 12, 2024

It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More

1 Answer | Asked in Family Law and Estate Planning for Arizona on
Q: My husband has a brain injury. I don't want him to get my money if something happens to me?

My daughter is on my checking and savings account and my husband is not.

James L. Arrasmith
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answered on Jan 11, 2024

In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.

Since your daughter is already on your checking...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: What am I to do if my wife and mom received a message relating a civil suit against me? I live out of the country.

My wife and mother received a phone message from a company called Goldman LC, out of Arizona, expressing that there is a civil suit to be filed with the county against me. My name was spelled wrong, they provided two different case numbers, they never called me personally, and most importantly, Ive... View More

James L. Arrasmith
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answered on Jan 11, 2024

It's understandable to be concerned when receiving such messages, especially when living abroad. However, there are several red flags in your situation that suggest caution. First, legitimate legal notifications are typically not communicated via phone messages to family members. Proper legal... View More

1 Answer | Asked in Social Security for Arizona on
Q: I'm at the point to sign the papers to move forward to appeal my ssdi with a judge. What if I don't sign ?

I do have an attorney representing me. But I don't want to proceed further.

James L. Arrasmith
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answered on Jan 8, 2024

If you're considering not proceeding with your SSDI appeal, it's important to understand the implications of this decision. Choosing not to sign the papers to move forward with an appeal effectively means you are deciding not to contest the denial of your SSDI claim. This decision should... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: During my arrest the superior said thst I was a pos over the phone..can case get thrown out due to officer missconduct
Brad Rideout
Brad Rideout
answered on Jan 5, 2024

The short answer is likely no, an officer being disrespectful and rude usually doesn't create a legal issue causing the case to be dismissed. If the officer's conduct causes it to be less likely that your conduct was criminal then there would be a possibility of dismissal, but... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
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1 Answer | Asked in Estate Planning for Arizona on
Q: My father passed away in December 2022. He had a Will and a Trust listing his 3 adult children as recipients of all

assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More

David Gerszewski
David Gerszewski
answered on Jan 4, 2024

The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.

2 Answers | Asked in Contracts for Arizona on
Q: Hi. I recently signed a co tract with a mktg company and before I did I was told something else. Can I get out if it

The person for the company told me something v different than was in the contract.

James L. Arrasmith
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answered on Jan 4, 2024

If you believe the marketing company misrepresented the terms before you signed the contract, there may be grounds to contest it. Misrepresentation can occur when false statements or promises are made to induce someone into a contract.

First, review the contract thoroughly to understand its...
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