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Arizona Contracts Questions & Answers
2 Answers | Asked in Collections, Contracts and Civil Litigation for Arizona on
Q: Ex-husband owes me $48,051, promised repayment but is out of country till mid 2025. Legal options?

I lent my ex-husband a total of $48,051, depositing $15,000 on November 4, 2024, and $33,051 on November 14, 2024, directly into his checking account. He promised via text to repay me before leaving the country in January 2025. Since he left, I have made numerous attempts to contact him through... View More

Peter H. Westby
Peter H. Westby
answered on Mar 17, 2025

Before your ex returns you should hire a private investigator to update your knowledge of his assets and income. Next, hire an attorney to file a collection lawsuit and ready it for service upon your ex when he returns. The suit should be filed shortly before his return. This will not guarantee... View More

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2 Answers | Asked in Child Custody, Contracts and Civil Litigation for Arizona on
Q: How can I legally protect my custody rights in AZ?

I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2025

It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.

What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get...
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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Arizona on
Q: How to inform court of witness role in AZ land case?

I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More

Peter H. Westby
Peter H. Westby
answered on Mar 3, 2025

This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: When a person is sued can they have every last penny they have be taken from them ?
Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... 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 Consumer Law and Contracts for Arizona on
Q: I have storage unit which i have until today empty it I found out last night it was on there aucton sight list in might

Have sold I have a email from them stating I have untiL today to get it in I have a picture of it be auctioned off by them is there anything I can do

James L. Arrasmith
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answered on Feb 23, 2024

If your storage unit was listed for auction without your knowledge or consent, it's essential to take immediate action to address the situation. Start by reaching out to the storage facility to discuss the matter and express your concerns. Provide any documentation you have, such as the email... View More

1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Contracts and Consumer Law for Arizona on
Q: I live in Arizona. We got solar panels and First rain our roof leaked. Can I sue? They don’t want to fix it.

They state the issue was there before the solar panels. Our house was brand new built in 2020 manufactured home. We had bad storms before that caused no leak. The first rain after the solar panel installation, our roof started leaking out of our smoke detector. They got on the roof and stated... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Arizona, if your roof started leaking after the installation of solar panels and the company refuses to accept responsibility, you have several legal options. First, review your contract with the solar panel company to understand any warranties or clauses regarding damage during installation. If... View More

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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1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Can my wife's house be targeted in a lawsuit against me?

My wife has a house that she purchased before our marriage, and I am not on the title or mortgage. We have one joint bank account, and we each have separate bank accounts. We also have a car loan together. I am concerned about a potential lawsuit from a subordinate. Can my wife's house be... View More

James L. Arrasmith
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answered on Apr 12, 2025

Under Arizona's community property laws, assets acquired by your wife prior to marriage generally remain her separate property and enjoy substantial protection from your individual creditors. Arizona Revised Statutes §25-213 explicitly classifies property owned before marriage as separate... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: Risks of buying out ex's share of home in Arizona post-divorce with credit card debts.

I am considering buying out my ex-partner's share of our home in Arizona after having them pay off liens from their credit cards. I will then pay the mortgage in full. We've had an agreement drafted by a paralegal, but I discovered my ex is in default on another credit card debt incurred... View More

James L. Arrasmith
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answered on Apr 12, 2025

Arizona Property Buyout Risk Analysis

Your proposed buyout faces significant risks under Arizona's creditor protection laws, as your ex-partner's undisclosed post-divorce credit card default could potentially trigger creditor claims against the property transfer. Arizona courts...
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1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Arizona on
Q: Accepted AZ project job offer, delayed; legal recourse under TX/AZ law?

I accepted a job offer for a night project in Arizona from a Texas-based company, with a confirmed start date of April 6th, communicated via email and text. After preparing for the job, including completing online training and submitting required documents, I was informed the project has been... View More

James L. Arrasmith
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answered on Apr 11, 2025

This sounds incredibly frustrating, especially after preparing, turning down other work, and relying on a firm start date. In both Arizona and Texas, job offers like this can fall into what's called “promissory estoppel” if you relied on the promise to your detriment—like declining that... View More

1 Answer | Asked in Business Law, Contracts, Employment Law and Energy, Oil and Gas for Arizona on
Q: Can my solar panel loan be forgiven due to installer bankruptcy?

I had solar panels installed by Titan Solar, which provided a 30-year guarantee on repairs at no charge. Unfortunately, Titan Solar has gone out of business. I've had to pay out-of-pocket for a broken inverter, and that service provider is also now out of business. The financing for my solar... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, and you’re not alone—many homeowners have found themselves stuck when a solar company goes under. Even though Titan Solar promised a 30-year repair guarantee, that obligation often disappears when the company files for bankruptcy. Unfortunately, the financing... View More

1 Answer | Asked in Contracts, Personal Injury and Consumer Law for Arizona on
Q: Do I have to pay for failed clutch repair, and are they liable for a damaged engine computer?

I took my truck to a shop that committed to replacing the clutch for $2,700. After hours of attempting to remove the transmission, they claimed they couldn't complete the job without removing the truck cab, but I chose to take it elsewhere. The shop reassembled the truck, but it wouldn't... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a really tough situation, especially when you left the shop with more problems than you started with. If the shop didn’t complete the agreed repair and returned your truck in worse condition, you may not be obligated to pay the full $2,700 or possibly anything at all—especially if... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Arizona on
Q: Landlord charging fees for storing belongings, legality in AZ?

I am dealing with a situation where our landlord wants to charge us for keeping our belongings at his property until we can retrieve them. The 14-day period he mentioned is ending this week, but our lease doesn't say anything about fees for leaving belongings behind. Additionally, we still... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm sorry to hear you're facing this situation. Under Arizona law, landlords are permitted to charge tenants for the actual costs associated with the removal and storage of personal property left behind after an eviction. However, they cannot impose additional fees beyond these actual... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Arizona on
Q: Tenant not paying rent, what steps to take next in Arizona?

I have a tenant who hasn't paid rent for 2 months. I've tried communicating via text messages, but it hasn't helped. The lease agreement includes provisions for eviction and late fees. What should my next steps be to resolve this issue?

James L. Arrasmith
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answered on Apr 11, 2025

That’s a stressful position to be in, especially when you’ve tried reaching out and the tenant still hasn’t responded. In Arizona, your next legal step is to serve a formal **5-Day Notice to Pay Rent or Quit**, which gives the tenant five days to either pay the full amount owed or vacate the... View More

1 Answer | Asked in Business Law, Contracts and Family Law for Arizona on
Q: Impact of mortgage gift letter on postnuptial agreement in Arizona?

My wife and I, residing in Arizona, have not yet written a postnuptial agreement. We want to outline the financial contributions made towards a house downpayment. The mortgage loan is only under my name, but the loan officer accepted my application with both our names on the deed and has requested... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a very thoughtful and important question, especially when you’re trying to protect each other’s interests and avoid misunderstandings down the road. In Arizona, which follows community property law, assets acquired during the marriage are typically considered jointly owned unless... View More

1 Answer | Asked in Business Law, Contracts and Banking for Arizona on
Q: Who is entitled to reward points on a credit card linked to a business I sold if my name was originally on the account?

About 6 years ago, I was running a small business with my business partner and we opened a business credit card using my name and SSN, although the card was under the business name. I sold my part of the business to my partner about 5 years ago, with the agreement that he would close all accounts... View More

James L. Arrasmith
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answered on Apr 8, 2025

The credit card reward points are linked to the account under your name, as the account was opened using your personal information, including your SSN. This means that, according to the bank's rules, you are the primary account holder when it comes to accessing or transferring those points.... View More

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