About Joshua

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So far Joshua has created 21 blog entries.
3 01, 2013

I earned an Order requiring the Defendants to pay me x dollars for my fees and costs. Do I need to submit a Judgment form too?

Or is the 'Order Awarding fees and costs' [to me] the same thing as a judgment? [Maricopa County Superior Court]. The judge granted my Application for Fees and Costs with an Order Granting Application for Fees/Costs (to Plaintiff [me]) . It was dated and stated who owed me how much and at what percent of [...]

3 01, 2013

What is the tort for filing a counterclaim against a frivolous lawsuit under, Arizona law?

Defending against a retaliatory suit filed in Arizona response to a wage claim filed in a New York Court. Plaintiffs' NY attorney has written a threatening letter, warning of Az litigation, that threatens jail and is sanctinonable in NY. Suit for assault but only alleges a threat to throw water in someone's face. Suit by [...]

27 11, 2012

Can the Defendant in a civil court case demand more detail/evidence regarding Plaintiff complaint and disclosure documents?

I am currently involved in a court case- I filed an initial complaint and subsequent disclosure documents and the case is scheduled for mediation. The defendant has replied demanding more detail and stating that the case will be dismissed unless I comply. She is requesting witness information about somebody who I have not listed as [...]

6 09, 2012

What is a 100 day notice entered by the court in a civil proceeding?

I see a 100 day order was entered by the court in my civil claim. What does that mean and what are the actions that must be taken relative to that? A: I suspect that you might be referring to a 150-day order. These are issued by the court to try to "move the case [...]

6 09, 2012

Is a party to a lawsuit allowed to file a response to a Non-Party’s filed objection to a subpoena duces tecum?

If a party to a lawsuit serves a non-party with a subpoena duces tecum to produce documents, and the non-party files an objection with the court so as to not comply with the subpoena, are both the Plaintiff and Defendant then allowed to file responses to the non-party's filed objection? Additional information I'm a party [...]

26 07, 2012

I was divorced in March of 2011, in the divorce decree I was to sign my rights to the house away. I forgot to do the quit claim.

Q: I forgot to sign the quit claim deed for the home and received a judgment against me for credit card debt. My ex wants to refinance the house but since I am still on it he can't due to the judgment against me. What are my options to get me off the house? A: [...]

29 06, 2012

Does an attorney have to file a notice of appearance to file a pleading on behalf of a party?

There are 5 Defendants in a personal injury lawsuit, and an attorney sends Plaintiff a formal introduction letter explicitly stating that he is only representing 1 of the 5 named Defendants. The attorney then subsequently files an Answer and Counterclaim on behalf of the 1 Defendant, but also concurrently files a Motion to Dismiss for [...]

29 06, 2012

Do I need to respond or answer if the defendants lawyer is asking the court to dismiss my case with prejudice?

Im claimant. Lawyer of defendnt filed to dismiss w/prejud. I filed a motion of continuance so I could find a lawyer. Could the judge dismiss my case? I received disclosures within 20 calendar days , no copy of venue change was sent. Which filed for default because I didn't know disclosure was also an answer? [...]

29 06, 2012

My case is over a year old is it true that I am allowed to receive only one copy of my discovery?

I received a copy of my discovery last May and have not gotten any new material since. I requested a copy from my counsel and let him know I had gone through a separation since receiving the copy back in may and that I wanted to see what had been added since the beginning. He [...]

29 06, 2012

What are the potential consequences for tampering with evidence in a civil case?

I'm involved in a civil case as a plaintiff, and have strong evidence suggesting that the opposing party is retroactively modifying/amending/falsifying the content/text of older documents so as to make portray them in a light more favorable to their defense. I can prove this since I have just discovered the original documents from a few [...]

5 06, 2012

Can a party request that the Judge hold/store physical evidence during a civil case?

For example, fictitiously speaking, say one of the primary questions of fact in a civil case is whether or not one of the parties to the case still maintains a key to a mailbox. Must the party that is alleging within their Complaint that they still have the key within their possession have to physically [...]

5 06, 2012

Can I walk away from my loan in Arizona without being chased down to pay back later?

I have had it with my loan. The bank won't help me, even thou my house payment exceeds 31% of what my income is. I am thinking about stopping payments on the house loan due to the fact that I just keep cutting closer and closer to not being able to make the payments anymore. [...]

5 06, 2012

Possible penalties for unintentional violation of copyright law?

In 2008, I purchased the Your Baby Can Read program from someone on Ebay for $125.00 (my oldest daughter was almost 2 and my youngest was in utero). Earlier this year, when my youngest turned 3, I decided I would no longer be needing the program and instead of throwing it away, I re-listed it [...]

5 06, 2012

I took my car to MB for repairs and they seriously scratched my car. I have pics. Before and after, what can I do?

Originally took car for repairs. Car is insured as classic. I spent $10,576 for repairs. Had problems with car before I left MB lot. Car was kept 2 months. Work done on fuel tank. I smelled gas fumes. I took car back. They returned my car with scratches on exterior and wood grain panel interior. [...]

5 06, 2012

When does the 30 day timer start for diversity jurisdiction in the instance of potential removal?

If a Defendant receives a served complaint in which they know right off the bat that all defending parties named therein are outside the state in which the Plaintiff is a citizen, when does the 30-day timer start so as to timely file a notice of removal to federal court from state court? More specifically, [...]

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