Skip to main content
Jace D McKeighan

Jace McKeighan’s Answers

10 total

  • What is best route to pursue if I can't payoff my 2nd after a short sale?

    My home is owner occupied. I have never been late on a payment on my first or second and am now in deep debt. I cannot make another payment. I put it on the market as a short sale and have an offer and is in escrow. I just submitted the paper wor...

    Jace’s Answer

    This is question that depends heavily on the facts and circumstances of your particular situation and more information is required. You need to consult a licensed Arizona attorney who can address your particular situation as it relates to the current law.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • What rules does a process server have to follow for serving in Arizona?(hours/days/locations to serve)

    what can a process servers legally do to serve a ticket? what hours/locations can he access? how long can he ring the doorbell? can he come up to my car in the driveway? can he enter the garage?

    Jace’s Answer

    In terms of who can serve, Rule 4(d) of the Arizona Rules of Civil Procedure states, in part, that “[s]ervice of process shall be by a sheriff, a sheriff’s deputy, a private process server registered with the clerk of the court pursuant to subpart (e) of this Rule, or any other person specially appointed by the court . .” In terms of the method of service on an individual within the State of Arizona, Rule 4.1(d) of the Arizona Rules of Civil Procedure states “Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.” Different rules may apply for minors, adults under a disability, corporations, and other parties. Likewise, different rules apply to out-of-state service. Finally, there are alternative or substituted methods of service that may be permitted by the court when the standard forms of service prove “impracticable.” See Rule 4.1(m), Ariz.R.Civ.P.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • If i hire a lawyer in az. will they help me file the needed forms for ca.

    i live in az. my child lives with her mother in ca. will an az. lawyer help me to file the proper forms and submit them in ca. dont exactly know what the best way to handle this need help what should i do

    Jace’s Answer

    It is unclear from your facts just what you will be filing in California. If you are going to file documents in court, you will need an attorney that is licenced in California to handle that issue. Since Yuma is on the California border, I suspect that a number of local attorneys are licensed in both Arizona and California. You may want to contact the local county bar association for assistance in locating such an attorney to assist you.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • Speeding Ticket

    I have received a Photo Radar speeding ticket. I was driving at 66, in 55miles zone. This is my first ticket, can I contest in the court...so my ticket is waived. Please advice.

    Jace’s Answer

    With an Arizona photo radar ticket, one thing to consider is whether you were properly served. Under Arizona's rules, service must be made by personal delivery to you or your home. Service by mail is is not sufficient. Photo radar tickets are typically first served by mail. If you completely ignore a ticket served by mail, it will be dismissed if it is not subsequently served on you in person. Not every municipality or agency serves personally. If you are served in person, then you will have to deal with the ticket and pay the cost of being served. If you have already signed and returned the waiver of service on the mailed ticket, then you have accepted service you will have to appear in court or judgment will be entered against you. You should contact a licensed Arizona attorney to go over the specifics of your situation. You may have defenses to the ticket that are not apparent from the facts you have provided.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • Arizona I17 S, Photo Radar Speeding Ticket

    I have received a Photo Radar speeding ticket on I17 S, Phoenix Arizona. I was driving at 66, in 55miles zone. I have good driving history with no tickets in the past. This is my first ticket, can I contest in the court...so my ticket is waived....

    Jace’s Answer

    With an Arizona photo radar ticket, one thing to consider is whether you were properly served. Under Arizona's rules, service must be made by personal delivery to you or your home. Service by mail is is not sufficient. Photo radar tickets are typically first served by mail. If you completely ignore a ticket served by mail, it will be dismissed if it is not subsequently served on you in person. Not every municipality or agency serves personally. If you are served in person, then you will have to deal with the ticket and pay the cost of being served. If you have already signed and returned the waiver of service on the mailed ticket, then you have accepted service you will have to appear in court or judgment will be entered against you. You should contact a licensed Arizona attorney to go over the specifics of your situation. You may have defenses to the ticket that are not apparent from the facts you have provided.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • Guardianship of a minor

    We are currently raising our Grand daughter and my son and daughter-n-law have signed consent/waivers forms for us to get guardianship of her. Is there any other forms we need to take to court and which court do we take the guardianship consent f...

    Jace’s Answer

    The Arizona Superior Courts offer a number of self-service forms and guides regarding family law matters. If you will be filing for guardianship in Pima County, go to the website for the Pima County Superior Court - www.sc.pima.gov. Click on the "Self-Service Forms" tab, then on the "Self-Service Forms" tab on the next page, then on the "Probate/Guardianship" tab. There, you will find forms and instructions for guardianships for both minors and adults.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • I am looking to start a business and wondering the average cost for an lawyer to review or create contracts

    to help me create contracts for my clients

    Jace’s Answer

    I am not licensed in Michigan. Neverhteless, attorney's fee rates tend to vary widely depending upon the attorney's experience, your geographic location, and the complexity of the engagement. On contract matters, you will not only find variable rates, but also variable plans. You may find that some attorneys will only charge an hourly rate, while others may be willing to charge a flat fee per contract. Either way, the fee will depend largely upon the complexity of your contracts. A good contract can be the difference between success and failure on a deal. A good lawyer will not only draft the contract you need, but may also offer insight and expertise that will protect you in ways you did not know you need to be protected. You should seek out referrals for good attorneys in your area and contact them about possible fee arrangements at the very outset, including your expectations.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • LLC profits distribution

    A partner of mine wants to start an LLC. He is a non resident and wants to start it in Wyoming. He wants me to join him and do most of the work. Since I am not 100% sure about his business, I asked him to form a single member LLC in his name (to l...

    Jace’s Answer

    I am not licensed in California or Wyoming, so I can only comment in general terms. Typically, an LLC can make payments to third parties, such as vendors, independent contractors, or any similar person or party to whom it owes money for goods or services. The manner and amount of the payments will generally depend upon the agreement with that third party. For example, many commercial retail leases require the tenant (including tenants that are LLC's) to pay a percentage of profits as additional rent. It is a function of the contract between the parties. Thus, depending upon the agreement and other factors, it may be permissible for an LLC to distribute a percentage of its profits to a non-member. However, an operating agreement is commonly an agreement between and among the members and/or managers of an LLC, not third parties. While an operating agreement could provide for payments to be made to third parties, the members/managers of the LLC could change that agreement at any time. In addition, there is a legal question as to whether a non-member would be able to enforce any terms of the operating agreement. In short, there are likely better options available. If you intend to proceed with this transaction, you need to speak with an attorney to discuss those options.

    THIS RESPONSE IS GENERAL IN NATURE. IT IS NOT INTENDED TO BE LEGAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. THIS RESPONSE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION.

    See question 
  • Cosigner responsibility

    I currently have about nine months left on my lease and am considering breaking it. Will my cosigner be solely resbonsible for the fees? Also, will it affect my credid, or only my cosigner's?

    Jace’s Answer

    The answer to your question requires a review of the lease and its terms, of the related facts, and of any applicable statutes and regulations affecting that lease and your situation. Assuming you have a valid lease, the terms of the lease itself would generally govern your situation and that of any co-signer. However, certain leases, such as residential property leases in Arizona, are also subject to specific Arizona laws that may affect the rights of you and/or your co-signer. Also, certain facts relating to the lease might affect your situation. Given this, you and/or your co-signer should retain the services of a licensed attorney to fully evaluate your situation. You should note that certain time limits may govern your situation, such as a “statute of limitations” that requires you to file a lawsuit within a certain time period or be forever barred from recovering your damages. and that any delay may significantly affect your situation.

    See question 
  • My name is avel and for my school project I am finding out the legal issues with the Japanese-american internment camps. I want

    i want to know exactly how the rights were violated and i need qualifications.

    Jace’s Answer

    The issue of Japanese-American internment camps was addressed most famously by the United States Supreme Court in a case known as Korematsu v. United States, 323 U.S. 214 (1944). Tthe case involved a challenge to the constitutionality of an executive order ordering American citizens of Japanese descent into internment camps during World War II. Korematsu was an American citizen of Japanese descent who was convicted for remaining in California in spite of the internment order. His conviction was upheld by the Supreme Court. Although the Court stated that legal restrictions curtailing the rights of a single racial group are suspect and to be subjected to the most rigid legal scrutiny ("strict scrutiny"), the Court ultimately found that the military interests at the time justified the internment laws. Justice Murphy, one of 3 dissenters, argued that the internment law violated the Constitution's equal protection clause. While the conviction was ultimately overturned in 1983, the Court’s decision, while criticized, has not been explicitly overturned. In fact, the decision remains the original authority for the “strict scrutiny” standard in matters of racial discrimination. The decision remains one of the most controversial in Supreme Court history.

    See question