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Stephen F. Banta

Stephen Banta’s Answers

58 total

  • I am an agent and the company is family my husband is manager and my son also we want to remove them and just name me

    clothing we had company in california i closed it to move to arizona i formed llc here i amthe agent and hubby and son are managers we want to remove them add new and also myself as manager. they are forming another company there is no written agr...

    Stephen’s Answer

    I am not sure I understand the facts, but you can file an amendment with the Arizona Corporation Commission to make the changes that are desired. A form is available on the Arizona Corporation Commission's website. It is something you can do yourself. If the changes are not agreed to by the other family members then you should contact a business attorney for a consultation.

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  • TIps for filing default judgement to make it stick? Civil case in AZ Maricopa County.

    Former employer owes me $7500 from contracting work. He has not replied to the summons, so I need to file for default judgement now. any tips to make the default judgement stick? My opinion is the defendant will drag this out as long as possibl...

    Stephen’s Answer

    If you are in Justice Court, the court clerks can give you the forms you need. If you are in the Superior Court, it would be worth your while to have someone assist you in preparing the required pleadings. The Commissioners, who handle default judgments, will reject your filing if everything is not complete and placed in the right order.

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  • My DOT drug test was conducted incorrectly at the collection site. How do I get the test cancelled?

    I recently failed a DOT random drug test, I DO NOT USE DRUGS. The collector did not follow federal regulations while collecting my urine. I believe my sample was swapped. My sample left my sight when she told me to wash my hands before putting th...

    Stephen’s Answer

    I'm assuming you asked the MRO to have your B sample tested? Was it positive as well? Did you tell the MRO about the collection procedure irregularities?

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  • Do i have case for wrongful termination

    i was injured on the job and was not covered by workmans comp(she didnt have it set up) at the end of my time off for the injury she informed me that i couldnt come back without a release from my doctor. once i recieved the note i tried contacting...

    Stephen’s Answer

    It is not possible to determine whether you have a case based on the information you have given. However, an Arizona employer must provide workers' compensation insurance for its employees. There are almost no exceptions to this rule.

    I'd recommend that you contact an employment lawyer who will provide you with a free consultation and go from there.

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  • Can a collection agency come after you for the balance owed in arizona?

    80/20 mortgage, all purchase money

    Stephen’s Answer

    I think you may be asking whether a creditor can sue you for a deficiency after a foreclosure and trustee's sale has taken place.

    In Arizona, protection for residential borrowers is set forth in two anti-deficiency statues: A.R.S. §§ 33-729(A) and 33-814(G).

    33-729(A) applies only to purchase money mortgages, but Arizona courts have construed it to apply also to purchase money deeds of trust that are foreclosed judicially. The statute defines a purchase money mortgage (or deed of trust) as one “given to secure the payment of the balance of the purchase price, or to secure a loan to pay all or part of the purchase price.” Thus, the statute would not protect borrowers who have assumed the mortgage on the property, mortgaged one home to purchase another, or obtained home equity lines of credit.

    33-814(G) applies to deeds of trust foreclosed by trustee’s sale, whether or not they are purchase money deeds of trust. The statutory scheme, however, does not provide for non-purchase money mortgages.

    Under either statute, the threshold for obtaining anti-deficiency protection is identical: the property securing the loan must be “two and one-half acres or less which is limited to and utilized for either a single one-family or a single two-family dwelling.” A.R.S. §§ 33-729(A) and 33-814(G). The dwelling must be built and at least occasionally occupied. Also,for purchase money mortgages (or deeds of trust judicially foreclosed), anti-deficiency protection will not be provided to the extent of any diminution in value of the property due to voluntary waste committed by the debtor. A.R.S. § 33-729(B).

    If you are being sued, and you think you qualify under the statute, contact an attorney.

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  • Do I have a case

    I went to work at a company and after 6 hours of work my ex employer called them to let them know i had signd a Non Compete after days and days and weeks i received my paperwork from my ex employer and I only have a non confidentiality and there ...

    Stephen’s Answer

    Did your new employer fire you because of your ex-employer's phone call or did you quit? There is more information that you need to provide, but yes, I do believe you have a case based in part on your ex-employer's interference with your new employment. The bigger question, in my mind, is what the amount of your damages is and whether that amount would be enough to make it worth your while to bring a lawsuit.

    I recommend you find an attorney who will provide you with a free consultation and go from there.

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  • Is there any criminal punishment to an employer in arizona who has been proven to provide false info to az unemployment

    In an appeal to my unemployment insurance,(which I won), I proved that my employer lied on a official protest document(which she signed) which put me in the appeal process to begin with.Had she not stated false info on the protest I would not have...

    Stephen’s Answer

    An employer is required to provide truthful information just as you are. Since you were successful on the appeal I would not worry anymore about what your employer wrote on the document. Even if it was not truthful, it did not work, and it is not something worth spending time on.

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

    I am in a landlord tenant situation, I was evicted with my stuff pack and ready to move the following week. My apt manager came 3 days after they changes my locks and 6 days before I told her I would be back to move my stuff, and threw out all my ...

    Stephen’s Answer

    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 proof in establishing the value of the property. So, if it wasn't worth 28K, and you can't prove it, then you should not ask for that much. You simply need to ask for what it was worth.

    If you cannot reach a settlement you should file a lawsuit. The time in which you must bring a lawsuit for "conversion" of property like what happened here is two years. However, your claim could arguably fall under a one year limitation since it involves liability created by a statute.

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

    Or can he just come to someone's home-give a phoney title and hand you papers? I was shocked 1st, did not have a clue as to what it was about. Honestly! I myself contacted the courthouse and found they had no record of service recorded anywhere....

    Stephen’s Answer

    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.

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  • I owe 30,000 in credit card debt and owe 226,000 on a house appraised at 104,000. I did a loan modification @ %2 interest.

    The house is doubtful to recover full value in my lifetime. Should I file bankruptcy(7) on the cc debt then let the bank foreclose so I can stay in the home for the next year?; or file with the house included in the capter 7 and start fresh. I can...

    Stephen’s Answer

    There is no easy answer to your question. If you can afford to pay your mortgage, credit card bill and your other expenses, I would recommend that you do so so that your credit does not suffer from a bankruptcy filing. This economy is extremely tough and many people are struggling and are in your exact position with respect to the value of your home.

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