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Anne Brady

Anne Brady’s Answers

1,208 total


  • Is a $250/month, 62%/month, 760%/Yr late fee on a $395 principle balance legal?

    There was a residual unpaid balance of $395 at a senior living facility in Arizona where my Aunt was formaly a resisdent. For the past (3) months they have charged a $250/month late fee that equates to a 63%/month late fee charge. After (3) months...

    Anne’s Answer

    A late fee is generally contractual and is a flat rate fee per month or per week or even per day. It is not based on the principle amount owed. That said, in this case, a Court would probably find the fee to be unconscionable and the contract provision voidable. If you can settle with these people, all the better.

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  • I want to know if i can take him and his family members that have been trying to get me arrested to small claims court in the st

    I have had to spend over $2000 getting police reports from 10 different cities because my ex has been making false reports and trying to get me arrested, all reports all say the same thing and I have spoken to several of the officers who took the ...

    Anne’s Answer

    You may be able to bring a civil case in justice court in Chandler for "abuse of process" for filing the false police reports against you and the injunction, if it was not warranted. There may not be enough in damages for lost wages and the like to warrant being represented by an attorney, and there are no attorneys in small claims court, but it might be worth it to at least have a one-hour consultation with an attorney in the East Valley to make sure you do things correctly.

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  • A) If the claim was dismissed, why is she being asked to come to the hearing? B) Since the Motion to Quash was grant

    My wife was being sued by a former HOA for charges her ex-husband accumulated after their divorce (he got the property in the divorce). We submitted a Motion to Quash service and Dismiss the complaint against her and it was approved and signed by ...

    Anne’s Answer

    Sounds like the HOA may have filed a motion for reconsideration. Also, if the case was dismissed without prejudice because of some error re: service of process, the HOA may have refiled it. If the amount is large enough, you should consult an attorney, because the HOA is certain to have one.

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  • What can we do?

    My husband was fired from his job because he was accused of stealing from the register. He is not seen on camera taking the money. Another employee verified he never took anything. On one of the days he is accused of stealing money, he didnt work.

    Anne’s Answer

    The only exception to the rule about at-will employment would be if you have reason to believe that the real reason he was fired was discriminatory (such as based on race or ethnicity) and the alleged thefts were just a pretense. If so, you should start by filing a complaint with the EEOC or the civil rights division of the Arizona Attorney General's Office.

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  • How do we get paid and do we need an attorney if so what kind?

    We had a lawsuit with.a major corporation. We won our case and although there were to be no appeals and the attorney General said they had to pay the company says they don't have all the money yet and keeps getting more time. They have have yet to...

    Anne’s Answer

    It sounds like the attorney general brought a case against the corporation and won on behalf of the state, and got an award of compensation for you as well. If so, the attorney general was not "your" attorney, but rather was representing the State of Arizona. It is not up to them to make sure that the victim gets the compensation. You may need to hire an attorney to actually represent you personally to more aggressively pursue collection.

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  • Can I register my vehicle

    My cousin and myself are registered on a vehicle. He got a DUI in 2015 and never paid any of the fines and fees. Now I am not able to register my vehicle. Is there anything that I can do to get this vehicle registered.

    Anne’s Answer

    You could either pay your cousin's fines and fees, or you could have him sell you his interest in the car. That would result in the title being in your name exclusively.

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  • Can I report my car stolen even though I gave my car to the mechanic to fix in March 2015?

    In March 2015, my car was taken by a mechanic to get the transmission fixed. The mechanic was very hard to get in touch with. Would not answer phone calls or reply to text messages. Sometime around October 2015, the mechanic said he could not fix ...

    Anne’s Answer

    You can try reporting it stolen. The police will likely tell you that this is a civil matter and that you should resolve this in civil court (by suing the mechanic for civil theft, which is called conversion).

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  • What happens after I file an 'answer' to a civil lawsuit? Will I receive something from the court for the next step?

    I was served with a civil lawsuit and I filed an answer on the 20th day. I know that the next step is "Discovery", but do I have to submit documentation for this on my own or will I receive something from the court or the Plaintiff? Thank You.

    Anne’s Answer

    The next step is you need to prepare an Initial Disclosure Statement pursuant to Rule 26.1 of the Arizona Rules of Civil Procedure. If you are in Superior Court and you do not know how to do this, you need to meet with an attorney. If you are in Justice Court, the Plaintiff will likely do one first and, if you disputed the Complaint in your Answer, you will get called to a Pretrial Conference, at which the judge will tell you that if you do not settle, you will need to get the Plaintiff your Disclosure Statement pretty quick.

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  • What is the statute of limitations for filing a small claims case in pima county?

    i got defrauded by a mechanic, was charged for unnecessary work. now i plan to file a suit in small claims court. i was wondering how long i had to file a suit because i've been busy with other matters...

    Anne’s Answer

    Breach of written contract is 6 years, oral contract is 3 years.

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  • What can I do about harassment

    I got a installment loan from a company ended up losing my job so I was unable to make the payment.. The company has called me day after day at less 4-6x a day from 7 different numbers. I have advise them they are harassing me and not to call my c...

    Anne’s Answer

    It sounds like you have a claim under the Fair Debt Collection Practices Act and perhaps the Telephone Consumer Protection Act. Seek out a consumer protection attorney.

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