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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
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answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: Forcible Detainer appeal and quiet title action at the same time.

A fraudulent Warranty Deed was recorded and then sold and new owner filed a forcible detainer action against the "rightful" owner claiming they had a rental agreement which they did not and failed to serve the owner (tenant) in accordance with the rules and were awarded a judgment and a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving complex legal disputes such as this one, it's essential to navigate the legal system with careful consideration. You can indeed file an appeal against the judgment of the Justice Court while simultaneously pursuing a quiet title action to dispute the validity of the... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: If i filed motion to dismiss improper service do I have to file counter claim with the motion

Plaintiff filed civil suit. Judge told her she could not represent llc only attorney can. Gave her time to file amended complaint. Plaintiff filed amended complaint added defendants and served by us mail with no summons included. W/o permission to serve by mail. Defendant filed motion to dismiss... View More

James L. Arrasmith
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answered on Mar 25, 2024

When you file a motion to dismiss due to improper service, such as not receiving the summons correctly, this motion is typically addressed before any substantive claims are considered. This is because if the service is deemed improper, the court may not have jurisdiction, and the case could be... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 21, 2024

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

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1 Answer | Asked in Civil Litigation for Arizona on
Q: A friend committed suicide and blew his mobile home up . His family is giving us his vehicles . How do we go about getti

Them from the mobile home park . Can they stop us from taking them

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the loss of your friend. This must be a very difficult time for you and his family.

In this situation, the first step would be to determine who has the legal right to the vehicles. If your friend left a will specifying that the vehicles should go to his...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order... View More

Peter H. Westby
Peter H. Westby
answered on Mar 6, 2024

The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position.... View More

1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: How can I get my ex partner to pay me on a car lease we have together?

My ex partner and I paid off a truck together and when we separated we agreed he would keep the truck and we took out another car together so that I could drive . He said he would help me with payments but after we got it he said he wasn’t going to help me anymore . I only have text messages... View More

James L. Arrasmith
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answered on Feb 28, 2024

Here are a few options to try to get your ex partner to pay for their share of the car lease:

1. Send a formal demand letter stating they agreed to pay for half the lease and you have text message evidence of this agreement. Set a deadline for their payment and state you will pursue legal...
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1 Answer | Asked in Civil Litigation and Health Care Law for Arizona on
Q: If I called a medical office 21 times after not picking up. Is there anything wrong with that?

Place mistakenly issued bill in error. No one was picking up. Finally they picked up saying that this was the wrong department and it is the billing department you’ll need to get ahold of me.

James L. Arrasmith
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answered on Feb 23, 2024

Calling a medical office 21 times could potentially be considered excessive, especially if the calls were made within a short period or if they were not returned promptly. While it's understandable to want to resolve an issue with billing, repeated calls may be seen as disruptive or harassing,... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: In civil court if the filing party does not show up to the court date isn't the case thrown out?
James L. Arrasmith
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answered on Feb 4, 2024

In civil court, if the party who filed the case fails to appear on the scheduled court date, it does ALWAYS automatically result in the case being thrown out, although it very well may. Instead, the court may proceed with the case in the absence of the filing party, potentially leading to an... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: My step father abandon his 12ft teardrop camper trailer on my property. It has been since June of 2023. He is not dead.

A tpo was issued against him because he got violent when I told him I was moving all his abandon property into storage. The tpo was lifted Nov 24th 2023. Still have not heard a word from him. How and what do I need to do to get a title so I can sell the trailer

James L. Arrasmith
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answered on Jan 25, 2024

In Arizona, dealing with abandoned property, especially vehicles like your stepfather's camper trailer, involves specific legal steps. Since the trailer has been on your property for several months, you may have grounds to claim it as abandoned property. However, you'll need to follow the... 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?
James L. Arrasmith
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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 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 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 Civil Litigation, Constitutional Law and Landlord - Tenant for Arizona on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More

James L. Arrasmith
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answered on Dec 12, 2023

The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Arizona on
Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.

Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.

First, you might consider filing a "Notice of Non-Compliance" or a similar...
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1 Answer | Asked in Civil Litigation and Collections for Arizona on
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More

Peter H. Westby
Peter H. Westby
answered on Nov 15, 2023

Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... 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 Civil Litigation and Construction Law for Arizona on
Q: In May 2023 I filed an "Intent to Lien" for 119k. Can I file a "Lien",for 162k?

Do I have to file a new "Intent to Lien" for $162k before filling the "Lien" for $162k?

I am a Licensed GC in Arizona.

T. Augustus Claus
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answered on Aug 23, 2023

In Arizona, if you previously filed an "Intent to Lien" for $119,000 in May 2023 and now intend to file a "Lien" for $162,000, you generally do not need to file a new "Intent to Lien" for the increased amount. The "Intent to Lien" is meant to notify parties... View More

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