Stephen F. Banta’s Answers

Stephen F. Banta

Mesa Business Attorney.

Contributor Level 9
  1. My roomate and I only have a verbal lease with our landlord, 3 weeks after we moved in my roomate moved her mom into the apt.

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Gary D. Bollinger
    2 lawyer answers

    I agree. Go to the landlord before you do anything else. I would not advise breaking into the apartment because you will be risking a criminal violation.

    1 lawyer agreed with this answer

  2. Looking for an attorney to answer questions I have to find out if I have a case. Recently forced to resign my position.

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Chad H Conelly
    3. Michael S. Haber
    4. Herbert J Tan
    4 lawyer answers

    I am happy to take a look at it and let you know if I think you have a viable case.

    1 lawyer agreed with this answer

  3. Do I need to file a lawsuit and if so is their a time frame to file?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Sean R Caruthers
    2 lawyer answers

    Accepting the facts exactly as you wrote them, your landlord was required to declare that you abandoned your property in accordance with the Arizona Residential Landlord and Tenant Act and then to store it for 10 days. If during those 10 days you made no reasonable efforts to remove the property then the landlord is free to dispose of it. Your landlord was required to use "reasonable care" in holding your property. As for what is proper regarding damages, you would bear the burden of...

    1 lawyer agreed with this answer

  4. Does an Arizona Process Server have to record at the courthouse he made service?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Lonnie K McDowell
    2 lawyer answers

    I believe you were properly served. As long as service was made directly on you, or at your home on an adult, service is good. Yes, a certificate of service should have been filed but it sounds like you are in Justice Court and the Justice Court judges are typically going to be very flexible about issues like that...I'm not surprised that the judge allowed it. Rather than wasting your time on arguing about procedure, it is probably best just to litigate the case on the merits.

    1 lawyer agreed with this answer

  5. Just received summons in Phoenix, AZ

    Answered almost 3 years ago.

    1. Jonathan A Millet
    2. Stephen F. Banta
    3. Morgan Jay Seegmiller
    3 lawyer answers

    To answer, go to the court which issued the summons. In Maricopa county, it is likely one of the justice courts or the superior court. Go to the self service center and ask for an answer form. There is an answer fee that you must pay at the time of filing your answer. In your answer, simply state that you are single and have never been married.

    1 lawyer agreed with this answer

  6. Will a pre nup protect me from debt collectors who may come after my spouse for his pre existing debts?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Barbara H. Katsos
    3. Gary D. Bollinger
    4. Theodore Lyons Araujo
    4 lawyer answers

    You probably are aware that Arizona is a community property state. A.R.S. 25-215(B) states: "The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single."

    1 lawyer agreed with this answer

  7. Can a person prevail against major shipping company for 60 day delay in shipping, lost goods then found? Returned 75 days later.

    Answered over 2 years ago.

    1. Morgan Jay Seegmiller
    2. Stephen F. Banta
    3. Richard W Beck
    3 lawyer answers

    I'd recommend that you contact a commercial litigation lawyer who will give you a free consultation, take a look at the agreement with the carrier and help you determine whether you have a valid claim for a lawsuit and what your damages are. It is unclear to me from your question exactly how you have been damaged. You've got the product back. Were original shipping costs reimbursed since the carrier never made the delivery? These are issues you should discuss with whatever lawyer or lawyers...

    1 person marked this answer as helpful

  8. Do I need to do a Judicial Forclosure on a property that had a contract for deed. Nothing was recorded

    Answered over 2 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    It is unclear exactly what the agreement was. Perhaps a lease to own type of contract? In practical terms you probably don't need to do a foreclosure because the buyers are not coming back. Either way, you certainly need to determine if the buyers encumbered the property with any other liens while they occupied it.

    1 person marked this answer as helpful

  9. Should I get an attorney

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Christine C McCall
    2 lawyer answers

    The State Bar of Arizona has a "Find A Lawyer" feature on its website where you can get a list of Worker's Comp attorneys.

    1 person marked this answer as helpful

  10. Termination of Employment- Am planing to switch job after 12 months but the contract is for 15 months. The details is below:

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Pamela Koslyn
    2 lawyer answers

    I agree, you'll need to let a lawyer look at the entire contract. I've run into the provision before regarding the costs associated with the employees immigration proceedings. I do not believe such a provision is lawful. However, consulting a lawyer who specializes in immigration (which I do not) would be advisable.

    1 person marked this answer as helpful