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Arizona Small Claims Questions & Answers
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...
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1 Answer | Asked in Personal Injury and Small Claims for Arizona on
Q: I am suffering bulemia nervosa after a comment from an ex. My teeth are falling out and it is expensive. Can I sue him?

This probably sounds so crazy. But his comment lead me down a spiral of self-hatred and eventually forcing myself to vomit up food to be skinnier. And now, thanks to all that acid, my teeth have holes and I suspect I need around $10,000 to repair them completely, including 4 crowns and at least 20... Read more »

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

I'm sorry to hear of everything you are experiencing. Regardless of what I may say about your legal case, please know that you deserved to be treated better by your ex and you should also be kind to yourself and love who you are.

I think winning a case like yours would be difficult....
Read more »

1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Mar 24, 2022

On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... Read more »

1 Answer | Asked in Collections and Small Claims for Arizona on
Q: I received a summons to appear in court for a debt collection, but I live out of state and have no way of attending.

I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2021

This looks like something that a Wisconsin attorney could advise best on, but your post remains open for two weeks, and time is probably of the essence in your actions. Since these things can require responses in the order of around 20 or 30 days in many jurisdictions, reposting your question in... Read more »

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Arizona on
Q: How can I prove ownership of the vehicle when it's titled in someone else's name?

I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... Read more »

Mike Branum
Mike Branum
answered on Nov 30, 2021

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... Read more »

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 Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
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Andre L. Pennington
answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Landlord - Tenant for Arizona on
Q: Had a house fire what c an I do

like loosening our stuff stealing my car pain and suffering

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2020

An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Arizona on
Q: Am I obligated to pay for a rental car that I didn't sign an agreement fro it?

I recently rented a car, and typically before you get the keys, you sign a rental agreement. I was not asked to sign any agreement, am I still obligated to pay without signing an agreement?

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. As a general premise, signing an agreement has evolved from what it meant in the past. Digital keystrokes on a computer or other device have attained the same legal force as a traditional signature left by a pen on... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Arizona on
Q: my mechanic said that the new engine was stolen by a guy at the dealer he ordered from. What can I do about this.

My gasket blew and I took it to my mechanic. I decided to buy a new engine and payed my mechanic up front for parts. After weeks he said that a guy from dealer stole it and engine was not delivered. He said when I asked that their was nothing legal he could think of to do about the dealer he... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Aug 3, 2020

If your mechanic ordered the engine from a dealership and it is stolen at the dealership while in their custody, the loss is taken by the dealership and they would need to order a new engine. The allegations by your mechanic just don't sound right. If he purchased an engine, he must have a... Read more »

2 Answers | Asked in Small Claims for Arizona on
Q: How much would it cost to have a lawyer review a 2,500 word small claims court presentation and 21 Exhibit list?

None

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. It could be difficult for an attorney to compute a price based on the brief details provided. You could summarize your presentation to 300 - 400 words and make a one or two page summarized inventory of your 21... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Arizona on
Q: Apartment switched property management companies after my lease ended... which one do I sue?

I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.

The complex employed a new property management company AFTER I moved out.

Do I sue the property management company that was used when I signed the original lease or the new... Read more »

Frankie  Adamo
Frankie Adamo
answered on Jun 11, 2020

Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... Read more »

2 Answers | Asked in Bankruptcy, Civil Rights, Domestic Violence and Small Claims for Arizona on
Q: My ex boyfriend sued me for gifs after I got an order of protection against him.

I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?

Diane L. Drain
Diane L. Drain
answered on Feb 1, 2020

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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1 Answer | Asked in Insurance Defense and Small Claims for Arizona on
Q: My Grandfather left a faucet running at neighbors house It flooded carpet. Does there insurance cover or is he liable?

They are out of town and asked him to watch there house. They have home insurance he does not.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2019

Insurance generally runs with the property, so the relevant policy would be the one for the neighbor, not the one carried by your grandfather. The terms of the policy would govern coverage. The neighbors could put in a claim through their carrier. If it is accepted and covered, there could be a... Read more »

1 Answer | Asked in Business Law and Small Claims for Arizona on
Q: how do I have someone arrested or charged with theft of services

I provided services to an Airbnb home for 3-4 months. the owners have not paid for the last 3 months.

Mike Branum
Mike Branum
answered on Sep 19, 2019

This is a civil matter (contract dispute). If the amount is $10,000 or less, you may file a claim through small claims court without hiring an attorney. You must make sure that you have any documentation of your agreement or the services you provided and if you are to present any witnesses you need... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Intellectual Property and Small Claims for Arizona on
Q: I NEED TO KNOW WHAT KIND OF LAWYER I NEED AND HOW TO SEEK DAMAGES FOR A CLAIM THATS ALREADY BEEN SETTLED VERY WRONGFULLY

i WAS HIT IN AN ACCIDENT, BECAUSE OF AN ERROR ON THE CITY COURTS SIDE, MY LICSENSE WAS SHOWING AS SUSPENDED ITWASNT SUPPOSED TO BE, AFTER THE OFFICER SAW THAT HE IMPOUNDED MY TRUCK, AND STARTED TO IGNORE ME COMPLETELY, WROTE ME TICKET, TOLD THE GUY WHO STRUCK ME IT WAS AUTOMATICALLY MY FAULT,... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2019

Assuming you were injured, and the two years has not run, you can make a claim against the other driver. Trying to sue someone over the court mess won't get you anywhere. Congratulations, though on unscrambling it. As to the bills, depending on what they are etc you may be able to collect on... Read more »

1 Answer | Asked in Small Claims for Arizona on
Q: I gave my brother 500 for rent nad deposit we haven't moved in so i wanted it back due to another altercation

Other altercation was a car i bought from my sister and he wont give the keys since it was in his name

Mike Branum
Mike Branum
answered on Aug 15, 2019

I would suggest you enlist a neutral third-party who your brother respects to assist you in reasoning with your brother. If he still does not return your money, you could file a small claims court action to recover your money. You will need to make sure you have documents which prove you handed... Read more »

1 Answer | Asked in Business Law, Identity Theft, Small Claims and Criminal Law for Arizona on
Q: What are all the things someone can do to a small business that is breaking the law?

I own a delivery company it's a small business I have my LLC. I have contracts in three states and have just gotten one in Washington. I was wanting to know what the small business laws are for my company?

I don't know exactly how to word it but basically if someone does... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2019

This is a somewhat open-ended question where attorneys could be hesitant to offer guidance; the list could be very broad and exhaustive. You could consult with an Arizona attorney to discuss your needs and budget, and address things that are reasonable and practicable to be concerned with. You... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2019

I hope you are recovering from your second degree burns. What you describe here could possibly be the basis for a product liability cause of action. To learn if that might be the case, you could arrange a brief consultation with a product liability attorney in Arizona (it looks like that is where... Read more »

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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