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Is there a free, good site that we can access that will give help on response, answers, etc to AZ Superior Court Civil cases?
Optional Information: Country relating to Question: United States State (if USA): Arizona
Can you provide a few more facts to put this into context?
We cannot afford to get an attorney. We are in an HOA, being personally sued by new neighbors who fee our yard is "hoarded." We got a request to come into the yard to photograph and take video pursuant to AZ rule 34 which another expert has answered already for us.We don't know any time limits, what to expect when and how we are to reply to anything. We completed the first answer and filed it this week. We thought we would hear next from the court but instead, we received this request from the plaintiff attorney.Who defines "trash, junk, etc?" Are boards of wood considered junk? 90% of the "stuff" is wood.looking to find a way to enter the questions and getting a response which could hold up in court. Having no education on law nor money to get an attorney, we feel very disadvantaged as to the laws, precedents, etc.Thank you
When you say "enter the questions" are you asking about doing what is called "discovery"?
Yes, discovery, any more "answers" like the first round, etc.Is there a way for an everyday person to be able to see the flow of how things go, response times?
AZ has a reasonably good self help section for their courts at http://www.superiorcourt.maricopa.gov/superiorcourt/self-servicecenter/There are a lot of forms, etc. on there as well as some explanations as to what to do.You can also look at www.lessonsinlaw.com. There is a lot of good information on there. They also have a very good book on discovery for people representing themselves although it is not free. You can get the information on ordering it at http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/ . That book does a really good job of explaining the concepts behind discovery, the various types, how to frame your questions, etc.You may also want to look at a company that has a yellow ad on that website on the left column of the page.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
Experience: Began practicing law in 1992
How soon do we need to ask for a hearing, bare in mind we want to delay the process in the event it goes against us. What motions can you ask for to get a delay? We are in the most intense heat time of the year which is dangerous for a healthy, able bodied person let alone us being disabled. We keep hearing mention of bringing an army of volunteers coming in, taking care of this in a day or so, indiscriminately, but I'm not sure how that leaves us legally? Could we still be liable for damages? Seems we would be liable for any injuries that may occur.Honestly, we cannot see ANY way in which we have hurt the plaintiffs at all. Oh, and the condition they complain about was there when they bought their home. They have fabricated a suit with a bunch of nonsense which has never even existed, period!Thanks about the membership, I did buy it but am VERY unhappy to have paid full price for the first question, not knowing I had any payment options.
There's no hurry, you can ask for a hearing when you get ready, usually it takes two weeks to a month for the hearing to get set.Can you tell me just a little about the lawsuit? Nothing too long, just a paragraph or so.It may be tomorrow before you hear back from me, I'm logging off in a while and may not get back on until tomorrow morning.I don't really know anything about how the payments work, we are all independent and aren't privy to how the payment plans work, etc. I don't even know how much the subscription plans cost, just that they are available.
We are a disabled as adults, not lifelong. My husband was diagnosed in late 2006; had 4 deaths, each almost a year apart starting in 2007. He was given a bunch of boxes, etc. that were already packed, to decide if he wanted to keep anything from the deceased and put them inside our yard to go through. So, basically, he was diagnosed with an unforeseen and debilitating illness, had to quit an almost 30 yr job, lost both parents, aunt & grandmother and is trying to deal with all of it. These people buy a home sight unseen behind u in an HOA. Nothing can be seen from the two yards unless one was on a second floor or ladder, all divided by a 5-6 ft.block wall. Never did the plaintiffs contact us directly nor did the HOA relate anything to us which was at all detailed. Now, we are being sued for a problem/s which we never knew bothered anyone.I fear this is sending my husband to an earlier grave then it should have been. Plaintiffs lawyer asked me how all this affected my spouse and when I honesty replied, their lawyer and they laughed. It isn't funny.
What are they complaining about?Under what circumstances were you talking to them and their lawyer?What has happened so far?
There are 4 counts against us 1. Trespassing because they claim 2 branches fell out of our tree into their yard2. Nuisance, they claim we have a yard of feces (something we would NEVER have!) That we are causing them to be infested with scorpions (welcome to AZ), that we have obnoxious oders (I guess the supposed feces? Nobody has smelled anything, we ask anyone who visits) We are causing them ill health, anxiety, mental distress... anything they can think of.3. Breach of Contract guess the HOA gave the plaintiffs the OK to sue us too. They claim we are in breach of the CC&R's.Fourth count, neither of us can recall right now. Sorry, sleep was hard to come by after the request arriving yesterday.We have no money yet they want damages, etc on all 4 counts. We told them we have no money yet they still continue, fir what?Oh, my spouse requested to meet with the Plaintiffs, they brought their lawyer and refused to give us a list of things which are supposedly bothering them. The HOA lawyers were also present.The suit started about 2 weeks later. Seems so malicious, vicious and down right nasty. We have never even thought of suing a neighbor. If a branch falls, clean it up or at least call me and allow me to deal with it. Not with these plaintiffs. They want to be rewarded yet have never tried to talk to us at ALL.
Use your discovery powers to get the exact nature of their complaints. I'm not sure where they are headed with this. You may want to report it as a claim on your homeowner's insurance policy so they can possibly provide you an attorney.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
For JD 1992 We contacted the home insurance, they looked at the documents and said that they covered none of it. Very disappointing. They thought the suit was badly written.I have looked up the plaintiff lawyer, he rarely loses a case.We think they want $$$$, they have done renovations and blame them on us like, "We had to change our front and back doors, seal our entire home because of the masses of scorpions migrating from the defendants yard." Unbelievable, we are not infested here. My spouse goes out nightly with a black light to find and kill the scorpions, sometimes he finds none, other times he may find 1 or 2. Certainly not an infestation. We get one inside once or twice a year. Scorpions don't take walks either. Scorpions really don't travel from their hole or area in which they live. They favor palm trees, which the plaintiffs planted immediately upon move in. We don't like palms nor their constant upkeep so we have none on our property. Scorpions don't attack humans, they can't eat us! They actually eat a lot of bad bugs so I really don't like killing them. The plaintiffs HATE cats and say we are cat hoarders.... we have TWO outside! Cats also kill and eat scorpions. Seems we got some out of state people who moved in and don't know a thing about living in a desert and want us to pay for their mistakes all the way around. Very, very frustrating not being able to hire a lawyer. We may just have to run up another credit card if this continues.
I understand your frustration. You may want to speak to some local lawyers and see what their take on this is. I can't imagine a lawyer taking their case unless the lawyer is just milking them for money.
for JD 1992 - I tried to contact the ASU law school without success, they must be out for the summer. Wish we could find pro bono work, seems the lists are too long and nobody wants to help. We thought the same thing, their lawyer is sucking the funds out of them but I think he is sure he will win, especially against us who don't have the legal smarts.
It should be cheap, or even free, just to sit down and discuss the case with a local lawyer. They may know something about this lawyer that will indicate why he is involved.It is easier to defend yourself than you might think as long as you do a little research and studying ahead of time and take it seriously.You can learn most of what you will need to know just by doing a little research.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.