Arizona Civil Litigation Legal Questions

You've heard the adage "ignorance of the law is no excuse?"  It's true.  The fact that you didn't know what the law was is not a legal defense to your ticket, so I don't think you will win your appeal.  If you refuse to pay the fine, I assume that the Court will eventuallly order you jailed for contempt of court, where you probably will stay until you pay the fine, with interest.  Even after you get out, your incarceration may have to be explained to prospective employers, loan officers, etc.  It's not going to help your prospects.  Seems kind of silly to me, but it's your life.... Read More

Good afternoon Kimron, we would be happy to assist you in this matter. Our consultation fee is $350.00. Please do not hesitate to contact our office to schedule your consultation.   Thank you for interest and contact with the Deneau Law Firm PLLC     Very Truly Yours, Kamia Richards, Legal Secretary 480.306.5977   ... Read More

In most courts, corporations cannot represent themselves, but must be represented by an attorney.  However, in some small claims courts this rule may be relaxed.  If this case is pending in a small claims court, you may want to check with the clerk of the court to see if a corporation can represent itself in that court.... Read More

You can sue now, but the court may stay the action pending determination of the criminal case.  There is no reason to only sue one, particularly since the one you sue will likely cross-claim against the other anyway (you probably have a claim against all 4).  You can sue for the full amount, but your insurance company will have the right to recover its $2000 off the top.  You should talk to your insurer, because it maybe planning a suit for the $2000 it lost.... Read More

It would be most helpful and productive if you could put together a comprehensive timeline of all the events as they have occurred, along with  attaching supporting documentation, emails,  text messages, lease agreement, proof of lease payments, photographs if any, list of potential witnesses and what they know, etc.  The more organized and thoroughly you can prepare these items, the better for us to be prepared for the hearing, which is like a little trial and is set out within a few weeks after requesting it. We would require a $3,000 retainer and would request a hearing, subpoena evidence and witnesses. Please call me office at (480) 306-5977 to schedule a consultation. Our consultation fee is $295.00. Thank you.... Read More

Good afternoon, you can pay your deductible with your insurance to have them fix it, but ask the insurance company first if they will pursue subrogration damages from the towing to recover the property damage cost as well as the deductible. This may be the best way to recover your property damage. Thank you.  ... Read More

So sorry to hear about your son. The consideration to be given to filing a civil action against the perpetrators of such criminal action is whether after spending the time and money in bringing a civil action and taking it to a judgment, which can be an expensive proposition, the defendants can satisfy the judgment or are they judgment-proof, i.e., without assets to satisfy a judgment. Without assets to satisfy the judgment, time and money are spent without any recovery. So an asset search would be a recommended first step in making the decision to sue, and, one must pay attention to any statute of limitiations on bringing the action to ensure that it is not barred by too much time going by before filing suit. We are unable to provide legal advice until such time as we have a signed engagement letter with our clients, but hopefully the foregoing is helpful. Thank you, Franklin D. Dodge,Esq.... Read More

It would be necessary to review the document that contains the non-compete provision as there are many variations parties use. And, if the stylist was not a party to the agreement that contains the non-compete or subject to a separate agreement with such a provision, it may be difficult to establish a cause of action on such grounds. Also, there are two parts to the cause of action; first, you must establish liabilty, e.g. for breaching the non-compete agreement, and, second, you must prove damages caused to you by such breach. So, it's not as simple as picking an amount such as the $25,000 you have mentioned. Our firm has handled these types of cases and often the most difficult aspect of the case is proving what are the actual damages. Lastly, you don't want to get invovled in litigation that could cost you more than the amount in controversy; Arizona law does permit the court in its discretion to award attorneys' fees to the prevailing party and against the losing party. For the foregoing reasons, it is often recommended to try to resolve the dispute through mediation and/or arbitration, but that requires the consent of the parties. Hope this helps. We are not able to render legal advice unless and until we actually engaged by the client pursuant to an engagement letter. Thank you.... Read More

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 More

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 More