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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Arizona on
Q: I'm the defendant in a civil suit filed by a former auto finance company. If they prevail, could my wages be garnished?

Loan was in default December 2018. Car was totaled in a very bad accident, and had no insurance coverage at the time. Lender charged off debt as "due to natural disaster" according to my credit report. They didn't file until December 21, 2020. We weren't served until June 18, 2021.

Peter H. Westby
Peter H. Westby answered on Jul 12, 2021

Yes, if the plaintiff prevails and a judgement is entered against you it is possible that your wages will be garnished. I recommend that you consult with an attorney immediately to review this matter and get assistance to defend or settle this claim.

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... Read 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... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 16, 2021

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: I am looking to file a partition motion. Can a partition motion be contested or delayed?

No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want... Read more »

Peter H. Westby
Peter H. Westby answered on May 12, 2021

A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Military Law for Arizona on
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago

It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease.

I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 8, 2021

Criminal records are publicly available. There is no consent required to obtain publicly available information.

1 Answer | Asked in Civil Litigation for Arizona on
Q: Is Rule 60(b) of the Arizona Rules of Civil Procedure applicable to proceedings in the Arizona Court of Appeals?
Peter H. Westby
Peter H. Westby answered on May 3, 2021

No. The Rules of Civil Appellate Procedure govern proceedings in the Court of Appeals.

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Libel & Slander for Arizona on
Q: Who do you report bankruptcy fraud/disability fraud to when your ex business assoc. hides assets, guns, cars etc

We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2021

Report to the FBI.

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1 Answer | Asked in Real Estate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for Arizona on
Q: I need help finding a lawyer to help me file a insurance claim for a apartment fire.
Tim Akpinar
Tim Akpinar answered on Feb 5, 2021

An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry that happened to you. You could use the resources of this site (the Find-a-Lawyer tab above), you could run independent searches on your own, or you could look into whether the State Bar of Arizona has... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum answered on Feb 1, 2021

Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.

The...
Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: I was served a summons for small claims as contracted sale dated January 29th 2015. Doesn't this fall under time barred
Peter H. Westby
Peter H. Westby answered on Jan 24, 2021

Plaintiff's claim might be time barred depending upon many factors including your contract. If dealing with an oral contract or open account the statute of limitations, ARS 12-543, is three years from the time the cause of action accrues. If you are working with a contract in writing, the... Read more »

1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Arizona on
Q: Am I a Class Member even though I was not a plaintiff in Vargas, et al. v. Ford Motor Company?

With the recent Ford Class Action (Vargas, et al. v. Ford Motor Company) reaching a Settlement, I hope it's finally time to get rid of my problematic 2011 Ford Fiesta while Ford pays for it (it's currently at the dealership right now with transmission issues for about the 4th or 5th... Read more »

Adam Savett
Adam Savett answered on May 8, 2020

You are a member of the class, and thus entitled to participate in the benefits of the settlement if you meet the class definition. You do not NEED to be a plaintiff in order to participate in most class actions in the United States.

The definition in this case is:

You are a Class...
Read more »

1 Answer | Asked in Civil Litigation and Probate for Arizona on
Q: I have a question about getting property back from an estate where the person died without a will.

My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Mar 20, 2020

You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.

1 Answer | Asked in Civil Litigation for Arizona on
Q: Can I bring a Craigslist seller to small claims court for a car sale?

Hi Sirs/Maams,

I bought a car off Craigslist. The private seller says the engine has been rebuild 20,000 miles ago and the car runs great.

I bought it and 3 days later the engine died. My mechanic says I will have to put a new engine in or scrap the car. He is convinced the engine... Read more »

Peter H. Westby
Peter H. Westby answered on Dec 30, 2019

Yes, you can file suit in the small claims court so long as your claim is $3500.00 or less. It is impossible to give you an answer as to your chances of winning with the information you provided. You will need to prove that your seller misrepresented the facts to you. With your mechanic's... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: What do the new tiers mean 10 interrogatories, 10 request for admissions mean. Is it the amount asked in the discovery?

The disclosure is no longer 40 interrogatories,25 request for admission and unlimted request for production of documents? I am confused by the numbers in front of the each discovery that can be requested.

Freddy Saavedra
Freddy Saavedra answered on Nov 14, 2019

The new civil rules in Arizona at 16 A.R.S. Rules of Civil Procedure, Rule 26 lay out the determinations for three different "tiers" of cases. These different tiers each have specific amounts of discovery allowed based on case complexity and the amount in controversy.

In terms of...
Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: I'm not sure how many I can ask or request.

(2) Tier 2. Each side in a Tier 2 case is permitted 15 total hours of fact witness depositions, 10 Rule 33 interrogatories, 10 Rule 34 requests for production, 10 Rule 36 requests for admission, and 180 days in which to complete discovery.

Freddy Saavedra
Freddy Saavedra answered on Nov 12, 2019

The new civil rules in Arizona have different discovery limits applicable to new cases based on complexity/damages. 16 A.R.S. Rules of Civil Procedure, Rule 26.2 lays out the various case characteristics for cases from Tier 1-3. You really need to determine which tier your case falls into and then... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: brother stole my dads entire estate&sold it.I filed probate but I cant be admin. 4 travel 85% of year.should i sue civil

Its a very long story about horrible sibling & dad w/o a will & drug addict brother moved into guest house & basically stole the entire estate & undue influence.Im sure I can prove all 5 points of undue influence,. This was 3 years ago. I hired an attorney to start probate. He took... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

Your question remains open for two weeks probably because this is not the type of matter that general civil litigation attorneys (the category in which you posted) ordinarily handle. If you added Probate - Estate Planning to your categories, an attorney who has insight to such matters might have a... Read more »

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