Jeff Adrian Biddle's Answers

AZ debt collection laws, car repo and wage garnishment, debtors rights

Ronald is right. I am a bankruptcy attorney in Gilbert, Arizona and your wages cannot be garnished here without first obtaining a judgment against you and then seeking garnishment after the judgment. I also represent creditors from time to time. The maximum that can be garnished is 25% but the court has discretion to go lower if you give reason for it to do so. Often, the creditor will be happy to accept the 15% garnishment without requiring a hearing on it, too.

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Arizona civil procedure, what response is required within 20 days per the summons

When you received the summons, you should have also received a complaint. The complaint will tell you what they are suing you for. In your response, you can merely deny that you owe the debt and force them to prove the debt or you can admit that you owe something but that you dispute the amount. In most cases, I would advise a general denial and have them prove the amount of the debt and that you are the correct people to sue.

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I want custody of my 10 year old granddaughter.

My colleague is correct in that your rights are normally limited to visitation only. However, he is also correct that you can file a motion to get custody of the child in extreme situations where the child's best interests are in the child being removed from their current living situation. Based on what you have described, it is possible that the situation with the boyfriend and her unstable actions may help satisfy this requirement. This is not an easy task, however, and you should contact a...

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Mother has left baby with father and moved out. Mother and father are not married. Does the father have to allow mom visitation?

Has the court made a ruling regarding custody and paternity yet? Or is the case still active? If you are still in the middle of the litigation you can file what is called a Motion for Temporary Orders, which would determine custody, parenting time, child support, etc, for the time period between filing the Motion and when the Court reaches a ruling on the actual overarching case. As these Motions are very fact intensive and complicated, I recommend you consult with a local family law attorney.

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How do I fix the problem of accidentally marrying 8 days before my first marriage was finalized?

Sounds like you need to be married again. I wouldn't worry at all about the polygamy issue, your second marriage is void and no one is going to come after you for a mistake. You may want to consider a prenuptial agreement in your case, too, to convert the assets and debts you have acquired in the last five years into community property and debts. By doing so, you will essentially be in the same legal position as you would have been if the first marriage was valid. The real problem is...

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Can a ex landlord with a favorable judgment garnish wages and levy my bank account at the same time?

They can do both at the same time. Of course, in order to garnish, they need to know who the employer is and, in order to levy the bank account, they need to know what bank you bank at. If they know both, they can and may do both.

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Can i move if i have full custody of my child?

Generally the court will balance the non-moving parent's right to parent and be with their child, against your right to live where you want to, while considering the best interests of the child. Relocation cases are difficult to win, absent the agreement of the non-moving parent, because it is difficult to maintain the child's relationship with the non-moving parent when the distance between the child and that parent is so great. Is the Father currently seeing the child for any amount of time...

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Can i still terminate parental rights even if my soon to be ex already filed divorce papers?

My colleague is correct in that terminating his rights in this situation would require a showing of abandonment, etc. However, if what you are seeking is merely sole (legal) custody - and I assume little or no parenting time for him - this can be done in the family court during the divorce proceeding. Termination of parental rights would be more useful to you in situations where your new spouse wants to adopt your child from a prior relationship. As you haven't stated that is the case, you...

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He filed bankruptcy and tricked me out of my money

You should consult a local bankruptcy attorney as soon as possible; most offer free consultations that will give you an idea of the cost to file your adversary complaint, and to litigate it further if necessary.

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Can we receive a forgiveness of indebtedness income from our home foreclosure

I am a bankruptcy attorney here in Arizona and this is an extremely common question here. Arizona is an anti-deficiency state and our state statutes prevent the creditors from coming after homeowners in the event of a foreclosure. Since the creditors have no recourse for the deficiency in our state, there is no forgiveness of debt income. Another option you might be able to consider is to strip off any junior liens in a Chapter 13 bankruptcy. If you have a first mortgage and a junior...

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