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Ray, Lawyer
Category: Legal
Satisfied Customers: 42869
Experience:  30 years in civil, probate, real estate, elder law
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Can I retain an attorney to represent me the plaintiff when

Customer Question

Can I retain an attorney to represent me the plaintiff when I file with a justice court in Phoenix Arizona?
JA: Since laws vary from place to place, what state is this in?
Customer: Phoenix Arizona
JA: Has anything been filed or reported?
Customer: I filed a police report but haven't filed with the court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's over a friend who without permission took my recently deceased's father's bedroom furniture and gave it to a friend.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 11 months ago.

Well no lawyers in justice court, but lawyer can file this is in a higher court and seek legal fees and costs if you want them to do so.You have to decide if the amount you are suing for is worth it to involve a lawyer.The most you can ask for in a small claims case is $3,500 (Small Claims Division); $10,000 (Justice Court).

Expert:  Ray replied 11 months ago.

Attorneys are allowed here only if both parties agree and the other side here almost never agrees.You can seek to bring this in a higher court where lawyers are allowed and seek lega fees and costs.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 11 months ago.

Lawyer can sue for you here in Superior Court

The superior court is the state’s general jurisdiction court. It is a single entity with locations in each county. Each county has at least one superior court judge. In counties with more than one superior court judge, the judges operate in numbered divisions.

Article VI § 14 of the Arizona Constitution provides the superior court with jurisdiction over:

  • cases and proceedings in which exclusive jurisdiction is not vested by law in another court;
  • equity cases that involve title to or possession of real property or the legality of any tax, assessment, toll or municipal ordinance;
  • other cases in which the value of property in question is $1,000 or more, exclusive of interest and costs;
  • criminal cases amounting to a felony, and misdemeanor cases not otherwise provided for by law;
  • forcible entry and detainer actions (evictions of renters);
  • proceedings in insolvency (however, bankruptcy is handled in federal court);
  • actions to prevent or stop nuisances;
  • matters of probate (wills, estates);
  • dissolution or annulment of marriages (divorces);
  • naturalization and the issuance of appropriate documents for these events; and,
  • special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.

You would have a much better advantage here in such a court because lawyer knows formal rules of procedure and evidence.

I appreciate the chance to help you today.

I wish you a Happy Thanksgiving and good luck with the suit.