Arizona Recent Legal Answers from Lawyers

If the property manager is threatening eviction for damaged blinds only--especially if they are breaking due to age and reasonable wear and tear-- then that alone is very weak grounds for eviction.  However, if your tenancy is about to expire, they are not obligated to renew your lease.  The statutes obligate you to "[n]ot deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so," among other obligations. See A.R.S. 33-1341; also see the terms of your lease. Unless you "deliberately or negligently" broke these blinds or otherwise violated a material term of your lease, the security deposit should cover them--and the landlord (or his agent the property manager) may use the security deposit to fix/replace them now. A.R.S. 33-1321(G).  Landlords are obligated to act in good faith, and the property manager's actions do not sound like good faith. A.R.S. 33-1311.     ... Read Answer

If they had a good faith basis to believe you had committed a crime (and not merely a traffic violation), they would have had the right to arrest you and search your pockets.  If not, then they should not have done so.  Usually, the "punishment" for an illegal search by police is the exclusion of illegally-found evidence from the prosecution against the accused. But in this case you were not charged, so the issue is moot.     ... Read Answer

If your son is a minor, you could theoretically bring suit on his behalf, but only if he suffered damages (such as physical or emotional injury).  On these facts alone, you yourself would not have a claim against Walmart.  You may, however, be able to seek prosecution for their sale of alcohol to a minor (see A.R.S. 4-241 and/or 4-311).... Read Answer

I can't speak to Massachusetts, but the statute of limitations ("SOL") in Arizona for a claim on debt is six years for i) a contract signed in Arizona or ii) a credit card debt. See A.R.S. 12-548.  If the debt arises from an open account, the SOL is three years. A.R.S. 12-543. But if you reaffirmed the debt at some point, the SOL may have been extended.  You mentioned that the creditor is threatening to garnish your wages-- he can't do that unless he has a judgment against you. If he doesn't have a judgment against you for this debt, he is unlikely to get one in Arizona since he's probably long past the SOL. However, if he does somehow have a judgment against you without your knowledge (which seems unlikely), it's possible that it's enforceable.  Search your name on https://apps.supremecourt.az.gov/publicaccess/ to see whether any cases were filed against you, and also check for judgments in other states such as Massachusetts.  If he calls again, ask him to give you the court, case, number, and date of whatever judgment he's claiming to rely on.  If he is threatening to garnish your wages and he cannot legally do so, that is a violation of the Fair Debt Collection Practices Act, and he may be liable to YOU for damages.  See the following link for more information:   https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text ... Read Answer

Hello. I need to know what you pled.  Normally a person convicted for a drug charge with intent to sell is considered an aggravated felony for immigration purposes which can lead to mandatory detention with ICE and no relief from removal. Please inform of your exact charge you pled to and the exact sentence you received. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

Employers may choose from several options how they will pay your wages. See A.R.S. 23-351(D).   If they choose to pay you by direct deposit, they must have your consent to do so, but they are no obligated to pay by direct deposit if they do not want to. Unless they have otherwise promised to pay you ONLY by direct deposit, then they are likely free to switch to another payment method authorized by statute.  They must, of course, continue to pay you (subject to withholdings, garnishments, and other authorized or mandatory deductions). ... Read Answer

Depends.  To be slander, the "trash" has to be untrue and derogatory statements of fact, not opinion.  So the statement that "John is a convicted thief" could be slander, but the statement that "I don't trust John" is not.  Also, depending on what was said, the person suing for slander may have to show that he/she suffered actual monetary damage due to the slander, for example that they were fired and therefore lost two weeks pay before they got a new job.... Read Answer

Whether you attend the hearing or receive a deportation order in absentia, that is still considered being deported. So you should put down that you have been deported. In such case, you would have to file the form I-212 for advance permission to come back to the US. Otherwise you would have to stay in the home country until the time that the deportation order expires, in most cases 10 years. Insofar as your four children are concerned, you can use the extra page provided in the form, page 8, for additional information. Copies of their birth papers and any other relevant information that might be favorable to you should be included in the application. You may also look to see whether you also have to file an I-601 waiver of inadmissibility, which would generally be required if you stayed in the US illegally for one year or more or committed other acts such as fraud or misrepresentation or crimes. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

In an Arizona divorce, the law requires that property acquired during the marriage is to be divided equitably. If the only property you own is one car, there are several options: 1.  The parties agree on which spouse takes it and whether the spouse taking possession owes any money to the other spouse.  2.   If the Court is asked to decide, the Court will consider a number of things, including: a.  the value of the vehicle based on evidence provided by the spouses. b.  if any money is owed on the vehicle c.  who's name is on the vehicle and the loan d.  who primarily uses the vehicle e.  other relevant information. The Judge then needs to equitably "divide" the asset:  The Judge may award the vehicle and loan to one spouse, but order an equalization payment for one half of the value be paid to the second spouse.  This is a general answer and is fact sensitive.  A consult with an attorney is advised.       ... Read Answer

If your Wife has received an inheritance in her name and she kept it separate from any community accounts, then it is likely she keeps 100% of her inheritance.  The value of that inheritance, however, may be a consideration if spousal maintenance (alimony) will be an issue in a divorce.  If the amount is significant, it may show she is sufficient financial resources and does not need spousal maintenance or does not need a significant amount of spousal maintenance. If she has used her inheritance for joint property purchases such as a house or investment account, she typically can not get that back under a strict reading of the law.  It will likely be considered a gift to the community.  See A.R.S. 25-211(A).  The above is a general answer.  You are advised to get a consult to make sure of how the law applies to your specific situation.   ... Read Answer

It will be difficult to seek an H-1B through your friend's company given it is not really active at this time. More information is needed about the company and the position offered. Your sister could petition for an immigrant visa on your behalf but you would not be able to stay in the country based uin the petition as it will take years for a visa to available.... Read Answer

Your fiance has rights.  He needs to pursue them through the court so that there are clear orders for when he has the children and when mom has the children based on the best interests of the children.  A parent has prior over a grandparent, under the law.  Regardless of the reasons, if he has not spent time with the children in awhile, it may be in the best interest of the children that there be a transition period.  This will depend on the current circumstances.  Your fiance needs to be prepared to follow through.  Having an attorney and other supports at the beginning of his case can help him to that.  He can also learn how to deal with mom so that, in the future, he will know when he needs and attorney or can use court services to have the court orders followed.  If the children are currently living with grandmother, do you know whether she has been given any legal authority?  Schools and doctors are supposed to make sure that the person that has the care of the children has the right to make decisions for them.  Current Arizona statutes recognize the importance of having parenting orders that are followed so the children have a predictable schedule and regular access with parents.  Since mom moved out of state, she should be ordered responsible for her costs to see the children.  The specific facts will be important in deciding what options your fiance has.  I encourage he meet with an attorney.  Our firm handles family law cases and offers an initial 1/2 hour consult at no charge.  Marie Zawtocki, Attorney 480-655-0733... Read Answer

Your posting indicates several legal issues.  If your son received a settlement while under 18 it is very likely that the Court and insurance company required it be held in a conservatorship.  You should have had legal notice of this at the time.  There may be a court record.  The Maricopa County judges are quite strict about these funds being maintained for the child when he turns 18.  There are some occassions where the court may have required it be held past 18. Your son will be able to bring a claim if this was not handled properly by his mother.  If the underlying claim was not fully settled in regard to the dog bite, he may still be able to pursue funds in a personal settlement action with the HOA or dog owner.  This sometimes happens with children's cases because the full extent of injuries and scarring may not be able to be addressed until the child is older.  It is also possible that you have a claim through family court.  This will depend on whether the matters above were addressed in family court documentation and orders.  There are some strict timelines that apply.  As your son turned 18 in April, you both are encouraged to get a consult immediately.  Our firm handles family, conservatorship, and civil litigation matters.  We have assisted with a number of dog bite cases, including when a child emancipates and has the opportunity to excercise further rights.  At an initial consult we can get more detailed information.  Marie Zawtocki, Attorney  Zawtocki Law Offices, PLLC 480-655-0733... Read Answer

If there is a written lease that includes your daughter, she needs to pursue the rights she has under that agreement and Arizona landlord tenant law.  If there is no agreement, she may still have rights under the Arizona landlord tenant law and a 30 day eviction notice may be required to legally remove your daughter.  If there is no landlord/tenant relationship that has been legally established, then the owner could lock your daughter out.  Due to the domestic violence, however, is your daughter safer elsewhere?  Even if she is subject to a written lease or oral lease, Arizona landlord tenant law has provisions that let her break the lease with minimal penalties.  If the homeowner does not know the law or wants to deliberately ignore the law,  she might change the locks and now your daughter has to figure out how she will get her belongings and where she will reside.  She could use civil court to get belongings returned, but that takes time.  My firm handles domestic violence, landlord tenant, and civil matters related to a couple separating.    Marie Zawtocki, Attorney at Law 480-655-0733... Read Answer

 The Court will look at many factors in determing whether the child should live primarily with mother or father, including looking at how the parents have shared time the past 3 months, the family support each has, employment opportunities, domestic violence,  the needs of such a young child, and how the child will travel and spend time with each parent.  For example, if dad also has relatives in the same New Mexico area, he now has a place to stay when he comes to see the child.  If they are both living near the Arizona/New Mexico border, regular parenting time could occur.  The Arizona law is 25-403 and 25-408.  Your sister should meet with an Arizona attorney to discuss the relocation in greater detail. She should also talk with an attorney in the local area of New Mexico that she wants to move to.  She will want to do this immediately as her case may be stronger now than in a few months. Our initial consults are free for 30 minutes and $80.00 for one hour.    Marie Zawtocki, Attorney 480-655-0733... Read Answer

Spousal support is very difficult to modify in Maricopa County if the Decree states it is non modifiable in amount and duration.  An exception would be by agreement of the parties.   Other reasons will be fact sensitive.  If you need to be indemnified because you are paying a greater share of the tax burden, spousal support may be a source for getting reimbursed.  The spousal support does not necessarily have to be modified -- but redirect to pay off the other spouse's share of other obligations.  Please call for a more indepth consult. Marie Zawtocki 480-655-0733 Zawtocki Law Offices, PLLC... Read Answer

A fiancé visa is a two-step process. The first step is to file the fiancé visa petition with USCIS. USCIS is currently processing Form I-129F in approximately 5 months. After the Form I-129F is approved, your fiancé will need to apply for the visa. This process can take 1-4 months depending upon the consulate involved and how quickly your fiancé can gather all required supporting evidence. ... Read Answer

Assuming you are not yet married, your United States citizen fiancé could file a fiancé visa petition on your behalf. This process is started by filing Form I-129F with the required supporting evidence. This would allow you to seek a visa that allows you to enter the country for the purpose of marrying and seeking permanent residence. If you are already married, your spouse would need to file an immigrant visa petition on your behalf. This process is started by filing a Form I-130 with USCIS.... Read Answer

You have not asked a question. I assume you want to know if you can become a permanent resident. You may be able to pursue permanent residence, but unless you are grandfathered under INA 245(i), you will likely need to pursue an immigrant visa through consular processing. You may qualify for the provisional waiver which would minimize separation from your family. I would recommend a full consultation with an experienced immigration attorney.... Read Answer

The best way to proceed really depends upon what was denied and why. I understand your husband was denied something under INA 212, but there are a lot of reasons why INA 212 is used. An appeal may not help. Your husband may need a waiver. I recommend you consult an attorney. You can find more nformation by clicking family-based immigration. ... Read Answer