John P Torgenson’s Answers

John P Torgenson

Phoenix Personal Injury Lawyer.

Contributor Level 8
  1. How long does it take to get a AZ default judgment and how long does a person have to ask for a default judgment be set-aside?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Robert Daniel Kelly
    2 lawyer answers

    As you know, this does not create an attorney/client relationship, and any advice should be confirmed by your attorney, I am just writing this as a courtesy to help you out. Here in Arizona, the default judgment process is set forth in Ariz. R. Civ. P. 55. The process is as follows: 1. If you know where the defendant is, file it with the Court and mail a copy of the application for entry of default to the defendant. Include an Affidavit and attach the return of service from the...

    Selected as best answer

  2. What does Impending Dismissal Rule 4 mean?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Robert Daniel Kelly
    2 lawyer answers

    Arizona Rule of Civil Procedure 4 deals with service of process. If you do not serve a defendant within 120 days, the court shall dismiss your complaint without prejudice. See Ariz. R. Civ. P. 4(i). John Torgenson Benedetto Torgenson, PLC

    1 lawyer agreed with this answer

  3. Is there an Arizona attorney who isn't afraid to sue a major real estate brokerage?

    Answered over 3 years ago.

    1. John P Torgenson
    1 lawyer answer

    We would definitely look at the merits of your case to determine if you have a claims under Arizona law. Give us a call to discuss: 602.759.0013. John Torgenson Benedetto Torgenson, PLC

    1 person marked this answer as helpful

  4. Shopped in furniture store. Salesman suggested they bring the 'sofa' by for me to 'see how it looks.' Unauthorized charge on cc

    Answered over 3 years ago.

    1. John P Torgenson
    2. Pamela Koslyn
    2 lawyer answers

    Regardless of the legal issues, call your credit card company immediately to dispute the charge. Explain the situation to them, and they may be able to help you out. Legally, if the facts are how you say they are, that could constitute fraud at the worst and, possibly, negligent misrepresentation. It will be difficult, however, to chase them to CA for $540. Bottom line is, it sounds like you have been wronged and I would contact your credit card company immediately. I wish you...

    1 person marked this answer as helpful

  5. Can spousal support be amended in Arizona, after the divorce decree has been signed by the judge?

    Answered over 3 years ago.

    1. John P Torgenson
    1 lawyer answer

    I'm sorry to hear that the economic downturn has affected you and your family. Generally, you can petition the court to modify for material changes. Here is the link to the Pima County family court forms: http://www.sc.pima.gov/?tabid=119 Good luck. This does not create an attorney/client relationship, just trying to help you out. John Torgenson Benedetto Torgenson, PLC

    1 person marked this answer as helpful

  6. What kind of lawyer do i need for a victim in a criminal case and law suit on the home owner?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Pamela Koslyn
    2 lawyer answers

    Pamela is correct. Restitution orders are often a component of the criminal case. You do need to provide more facts concerning suing the alleged criminal and the homeowner directly. Often times, homeowners' insurance polices have "exclusions" for intentional conduct and criminal acts, so there are a lot of factors that come into play. Post additional information for a more complete answer. Thanks. John Torgenson Benedetto Torgenson, PLC 602-759-0013

  7. My boyfriend passed all sobriety tests but blew a 0.082 and has an otherwise clean record? Is there any way to avoid jail time?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Howard A Snader
    3. Cary L Lackey
    4. Erick Masten Platten
    5. Andrew C Huff
    5 lawyer answers

    Hello. I am sorry that your boyfriend is going through that. Jail time is pretty automatic in Maricopa County, BUT, there could be defenses and margin for error concerning the intoxilizer. My partner, Steve Benedetto, focuses on DUI defense and could meet with your boyfriend. I know that you said that he does not have a job, so if he doesn't have the money to hire an attorney such as Steve and our Firm, he may be able to get a public defender. Please call if you have any questions....

  8. Can I ask for a continuance at a trial/evidentiary hearing in family court?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Robert Daniel Kelly
    2 lawyer answers

    Get a lawyer here in Arizona and have them file a motion to continue or at least show up to have your back. John Torgenson Jpt@bentorg.com 602.759.0013

  9. If I am a pro per and file a motion in AZ, do I sign the certificatoin of mailing myself or does an independent party?

    Answered over 3 years ago.

    1. John P Torgenson
    2. Robert Daniel Kelly
    2 lawyer answers

    You can sign it. It basically means that you are confirming that you mailed it to those parties. If you have any other civil questions, post them and I'll try to help you out. John P. Torgenson Benedetto Torgenson, PLC

  10. Marijuana was found in a rental vehicle that didn't belong to me

    Answered over 3 years ago.

    1. Scott E. Stewart
    2. John P Torgenson
    3. Cary L Lackey
    4. Randy William Ferguson
    4 lawyer answers

    Wow, what a unlucky situation for you, They can definitely charge you, but if what you say is true, you should fight this hard. I agree with the previous poster, subpoena several rental car records, and fight aggressively to defend this. If you have any additional questions, let me know. John Torgenson Benedetto Torgenson, PLC Arizona Lawyers