Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

What is the statue of limitation to place aa lien against a…

Customer Question
What is the statue...

What is the statue of limitation to place aa lien against a business in the foothills of Yuma Arizona

Lawyer's Assistant: Have you talked to an AZ lawyer about this?

No we havent

Lawyer's Assistant: What steps have you taken so far?

None at this point and time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are Canadians and had an RV company replace the decals on our 5th wheel. They were suppose to remove the old ones and replace with painted decals as well as paint parts of our unit. This was to be a 7 year warranty for the work completed. The total worked cost us $ 4000.00 US dollars. (6000.00) Canadian. We trusted that they would follow up with hat had been agreed to. There are issues with the work at hand and we have been in touch with the owner since Jan this year when we returned. And we are tore point that we need to do something as we are not having any success with the business at this time. We will place alien against the business to satisfy,the agreement but need to know what the statue of limitations are to do this

Submitted: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Have you brought a lawsuit against them in a court in Yuma yet?

Ask Your Own Legal Question
Customer reply replied 5 months ago
no
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I see. Ok, so the first thing that you would have to do is file a lawsuit and then win that lawsuit if you would like to get a lien or any garnishments of their personal property.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Based on what you provided, this appears to be a classic breach of contract if they failed to properly perform the warranty work. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, meaning you could get a return of your money. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago

When a party wins a civil case, they have the court’s authority to collect on the judgement right away. Sometimes, the losing party will pay up right away. Other times, the losing party won’t pay up right away. The winning party can always demand the money informally, but if they want to enforce the judgment legally, then they must go back to court for a separate proceeding to either a) garnish the losing party’s wages; b) put a levy on their bank accounts; or c) get a lien on their personal property.

The first step for the winning party to collect their judgment is that they must locate the debtor. This is easier sooner after the judgment is entered than later. But just like when the lawsuit was going on, the party that wants the court to rule a certain way must find the other party.

Once the debtor has been located, then typically the creditor (winning party) must complete what is called a Debtor’s Examination. This is a formal court proceeding during which a creditor may question the debtor about their income and property. To request a Debtor’s Examination, the creditor will typically have to go to the courthouse to get the necessary forms to file and to serve on the other party. Once it’s filed, the court will schedule a hearing that the creditor and debtor must show up to. At the hearing, the creditor can use this opportunity to question the debtor under oath about the extent of their property, accounts, and employment.

Thereafter, the creditor must submit additional paperwork, often called a writ of execution or a writ of attachment depending on your jurisdiction. Once filed, the creditor can then either a) collect their judgment from the debtor’s paycheck up to the state limit (usually 15-25% depending on the state); b) get a levy on their bank accounts; or c) get a lien on property. At each stage, the debtor has a chance claim exemptions under state law and the court will call a hearing to help review the amount of the judgment, the method of satisfaction, and any exemptions and enter a final order.

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
14,373 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I bought a used RV last week, we have taken one trip in it
Hello, I bought a used RV last week, we have taken one trip in it and discovered there is a problem with the electrical system. I bought extended warranty but the dealership tells me they can't get me… read more
KLAW
KLAW
Juris Doctorate
2,398 satisfied customers
I have a RV storage contract thru 9/30/15 with a local camp
I have a RV storage contract thru 9/30/15 with a local camp ground. The last 3 bills I have received from the camp ground for camp site rentals during the storage contract period have been incorrect (… read more
Thelawman2
Thelawman2
Doctoral Degree
1,752 satisfied customers
I bought a 2015 travel trailer from j,s rv in eureka ca i
i bought a 2015 travel trailer from j,s rv in eureka ca i wasnt in it but 3 in half weeks had to take ;it back because i could see daylight the jacks in the front calaupsed while we were in bedroom,th… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I bought a used Rolex watch from ebay that had 2 year warranty.
I bought a used Rolex watch from ebay that had 2 year warranty. It never ran right, had to send it back 4 times and a total of 10 months they had my watch to fix. The last time they had it for 3 month… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
We bought a 2006 Ford Expesition from Carmax a year ago a vehicle
We bought a 2006 Ford Expesition from Carmax a year ago a vehicle for my wife and kids and it has broken down 9 seperate times we have had it towed 5 seperate occasions and the last place we put it in… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I bought a 1999 dodge ram with 143,000 miles after 11 days
I bought a 1999 dodge ram with 143,000 miles after 11 days the transmission started leaking. The seller had me take it to a mechanic he knew which said the seal was bad (front seal). Took the truck in… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Recently I purchesed a mobility scooter online. I have PF plus
Recently I purchesed a mobility scooter online. I have PF plus kidney cancer so i don't get out to often. I would just like to take a ride around the block. I was told by the seller that they were hav… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
I am having problems collecting money from Keystone RV, the
I am having problems collecting money from Keystone RV, the manufacturer of my 2010 Montanna 5th Wheel trailer. I paid for repairs covered under the one year manufacturers warranty. They are located i… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We have a 5th wheel RV that we have been paying on for 10 years
We have a 5th wheel RV that we have been paying on for 10 years and still owe 18,000 on it. With the rise in health care premiums for the coming year we simply cannot continue making the rv payments. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
We purchased a stackable washer/dryer from Pearl Road Pre-Owned
We purchased a stackable washer/dryer from Pearl Road Pre-Owned Appliances on Dec. 17, 2010. It came with a 90 day warranty and we paid $400.00 cash. It was to be delivered at 1:00 pm on Dec. 20. They… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hi, I recently (august) purchased a car through a dealership,
Hi, I recently (august) purchased a car through a dealership, it was a newer model that had been a mary kay care that they had re-painted white. when i purchased the car i asked if the paint job had a… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
This pertains to Arizona law. I bought a townhouse in a hoa
This pertains to Arizona law. I bought a townhouse in a hoa community in 1984. In 1993 I replaced the exterior light fixtures with very nice ones which are white in color. In 2010 the hoa is threateni… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
in november of 09 my entire wheel came off my car while driving.
in november of '09 my entire wheel came off my car while driving. the car was damaged so some extent. 4 yr old son was shaken up and to this day brings it up at times. pep boys did the repair and stat… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
If an rv company delivers your motorhome and tows a truck behind
If an rv company delivers your motorhome and tows a truck behind it and ruins the radiator do we have to pay for it? They are telling us after having our motorhome for 6 weeks now we need a 4000.00 ra… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
my fiance and i are wondering. he has an RV which we will not
my fiance and i are wondering. he has an RV which we will not be able to pay on soon, he has a house in AZ that is going into forclosure and a house in ID which has me on the loan too, the house in ID… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
sears automotive scratched our rims while replacing our ...
sears automotive scratched our rims while replacing our tires-when we were at the store they said yes they did scratch them (all 4) and they will replace them-this is written on the receipt. On Monday… read more
4ren6
4ren6
Retired
2,906 satisfied customers
Hello my question is this I was working as a salesman on ...
Hello my question is this: I was working as a salesman on commission only. When I left the company the owner told me that he would pay me as soon as the checks from my jobs all came in. A few months h… read more
Jon
Jon
Associate Degree
182 satisfied customers
I had a new transmission installed on delivery ...
I had a new transmission installed on delivery truck on 4/24/2007. I drove it for 20 miles on freeway when truck lost all power. After it was taken to a shop, they informed me that it was faulty trans… read more
4ren6
4ren6
Retired
2,906 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x