Lawyers, Answer Questions  & Get Points Log In
Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Civil Rights, Family Law, Adoption and Civil Litigation for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2022

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... Read more »

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.

If you have not done so already, you can challenge the...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... Read more »

Peter H. Westby
Peter H. Westby
answered on Aug 1, 2022

From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... Read 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...
Read more »

Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

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

I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Arizona on
Q: Would I be able to sue in Maricopa County, Arizona, a person making libelous content about me who is a resident of PA?

This person is seeking harm by slander in order to intimidate and harass

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2022

This is something that only local attorneys could advise on in terms of state court systems, since venue is governed by state rules of civil procedure. But your question remains open for two weeks.

If you contemplate the federal court system, rules for venue are outlined in the Federal...
Read more »

1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
Read more »

1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.
Sean Woods
PREMIUM
Sean Woods
answered on Apr 29, 2022

Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
PREMIUM
Sean Woods
answered on Apr 28, 2022

While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.

Waiving service saves costs and gives the person answering 60 to respond...
Read more »

1 Answer | Asked in Civil Litigation, Family Law and Probate for Arizona on
Q: My mother died on the 26th of feb. And her new husband is refusing to tell me any information at all

My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Those are a lot of things that almost happened.

If the will isn't completed and signed, it's not valid.

If the divorce isn't finalized, she died a married woman.

Unless there was a prior will, it looks like her case will go through probate and the...
Read more »

1 Answer | Asked in Family Law, Animal / Dog Law and Civil Litigation for Arizona on
Q: Can a judge force a person to return a pet to it's owner if the owner can prove ownership?

my cat went missing and he was recovered by my neighbor. My neighbor did not know the cat was mine and posted an add for my cat. A lady who has a similar cat found the ad before I did and went and picked up my cat. She refuses to give him back and told me to take her to court. I know it's my... Read more »

Juliet Piccone
Juliet Piccone
answered on Feb 16, 2022

You can sue her in a replevin action and if the court agrees you’ve proved ownership the court absolutely can order her to return your cat and even issue a writ to law enforcement directing them to go seize the cat to return to you.

1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 23, 2022

There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.

As for all other issues you raise, the two of you...
Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
Read more »

1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: Can I take my friends car if she doesn't want to give me my car I paid for?

So I just got out of prison and a girl that I thought was my friend let me stay at her daughter's house "paid rent" "food" ect.. about a couple days of me being there I started looking for a car... Her boyfriend said that his brother has a couple vehicles for sale... He... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb
answered on Nov 11, 2021

Unfortunately some key components are missing from your question in order for an attorney to provide you with an answer. It's important to know who has the money that you gave to the boyfriend. Did he pay it toward his car, did he put it as a deposit on your car, or does he still have it? If... Read more »

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.