Arizona Civil Litigation Legal Questions

With slight variations depending on where the case is pending, a plaintiff files and serves a document, called a complaint, to start a case, which alleges that the defendant did something wrong and is liable to the plaintiff.  The defendant is then required, generally within 20 days to a month, to serve a response to the complaint, called an answer.  Both the complaint and answer are types of pleadings.  In the answer, which is a responsive pleading because it responds to the complaint, the defendant admits or denies each of the allegations in the complaint, or says that he/she/it doesn't know if a particular allegation is true.  The answer also contains affirmative defenses (affirmative defenses negate liability even if the allegations of the complaint are true, such as a defense that the claims are barred by the statute of limitations; defendants have the burden of proving affirmative defenses.)  A defendant may also assert counterclaims in the answer.  If a defendant doesn't file a responsive pleading, however, he/she/it may lose the case on default.... Read More

Yes.  I'm not familiar with the particular procedures used in Arizona, but I assume they are pretty much the same as the jurisdictions in which I practice primarily.  If you don't satisfy the judgment, the judgment creditor can (a) force you to answer questions about your assets and income (if you refuse you can be held in contempt of court and jailed); (b) garnish any regular income you receive (such as rental income) in the amount allowed by law (there is usually a limit on how much can be garnished from any one payment, but I don't know the limits in Arizona); and (c) force the sale of your assets (including the property you are renting out), using the proceeds to pay the judgment and any attendant fees (for the sheriff, receiver, etc.)  If your assets and/or income are out of state, the same remedies would apply, but it would take a little longer because the judgment creditor would have to get the judgment "domesticated" in the relevant state.... Read More

Employer's are responsible for the actions of their employees which are taken in the scope and course of their employment.  There are arguments to be made on each side as to whether these actions were taken in the course of the bus driver's employment.  While I think they were, a Court could disagree.  More important, while your wife was treated abominably, she suffered no monetary damages, which could bar or severely limit her recovery.... Read More

You will  have to defend the lawsuit (it appears that you have a statute of limitations defense) unless you are absolutely certain that the New York Court does not have jurisdiction over you, i.e. that you have no contacts with New York (for example, did you send payments to this firm in New York, did you enter into the agreement in NY, did you send correspondence about the agreement or the bill into NY, do you own any real property in NY, etc.)  If you are absolutely certain that NY does not have jurisdiction over you, you do not have to do anything, because any judgment from a Court lacking jurisdiction is invalid.  However, if your adversary obtains a judgment from NY, they will try to enforce it in Arizona, and your only defense will be that the NY Court lacked jurisdiction.  If you lose on that issue, it will  not matter that you may have other defenses, such as limitations. From what you have written, I think it likely that the agreement you signed provides for jurisdiction in New York County, which would probably be a valid basis for jurisdiction.  Since the bill is so old, it is likely that the claim (barring other factors which you have not mentioned in your question) is barred by limitations, but you will have to either retain a NY attorney to handle the matter, or handle it yourself, which will probably require one or more appearances in NY. ... Read More

You say that there was no legal contract, but, apart from the interest rate, it seems like a perfectly binding legal contract to me.  Your ex-husband could sue you for breaching your loan agreement, and could get a judgment against you for that amount.  However, in some states, 20% annual interest would be above the maximum legal interest rate.  I do not know the legal interest rate in Arizona, but if it is less than 20%, the whole agreement (and certainly the agreement to pay interest above the maximum legal rate) might be unenforceable.... Read More

Not sure exactly what your question is.  If your mother is incompetent, any power of attorney she grants your sister (or anyone else for that matter) is invalid.  You can bring an action in the appropriate court to have the power of attorney declared null and void or, if it has not been granted yet, to enjoin such a power of attorney from being created.  You would have to prove that your mother is incompetent.  However, if what you are asking is how you can prevent a court from declaring your sister the guardian or conservator of your incompetent mother, and presumably that you be appointed instead, that is a much different and more complex question, depending on such factors as your sister's and your trustworthiness, financial and business experience, familiarity with your mother's financial affairs, etc.  If your sister has applied to be appointed as guardian or conservator, and you agree that your mother is incompetent but want someone other than your sister to be appointed, the Court will have to choose which one of you, or someone else, should be appointed based on factors like the ones I've listed.... Read More

It depends entirely on what, exactly, the interim injunction says.  If the issue is not addressed in the interim injunction, and the Court declines to continue the injunction after the hearing, the Court will likely address it in its ruling then, especially if the party being terminated asks the Court to rule that the 2 months begins running from that date.... Read More

You can start by demanding that he stay away. It doesn't sound as if you have taken even this first step. You need to express your displeasure rather than reinforcing his behavior. Once you have tried that and failed, you may be able to obtain a restraining order. An attorney can assist you in doing that.  ... Read More

Certainly -- anything can be fake. You should consider, however, the possibility that the documents were genuine and that they are issued by a different court from the one you telephoned, or possibly not required to be filed until after they have been served. It is rarely a good idea to play service-of-process games. See an attorney.... Read More

You will have to look up the Rules of Civil Procedure for your state.  I believe Rule 6 addresses your issue.  However, it is less important to worry about the exact date and just get your case filed at least several weeks in advance so there is no confusion.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

If the daughter who was driving the car was using the car for a family purpose, you may be able to sue the owner of the car (mother) under the "family purpose doctrine."  In the meantime, you certainly should use your Uninsured Motorist coverage under your auto policy to obtain compensation for your sons' injuries.  These days, the assistance of a good attorney is always necessary to ensure that a victim receives the maximum fair compensation allowed by law from any insurance company.... Read More