Stephen F. Banta’s Answers

Stephen F. Banta

Mesa Business Attorney.

Contributor Level 9
  1. TIps for filing default judgement to make it stick? Civil case in AZ Maricopa County.

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer 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.

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

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer 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?

  3. Do i have case for wrongful termination

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Michael Robert Kirschbaum
    2 lawyer answers

    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.

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

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Frederick L. Henderson Jr.
    3. Michael J Corbin
    3 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer 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.

  6. 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.

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Hamid Jabbar
    3. Dorothy G Bunce
    4. Gary D. Bollinger
    4 lawyer answers

    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.

  7. Can I file a writ of garnishment (non-earnings) against multiple banks if I do not know where the person banks at?

    Answered almost 3 years ago.

    1. Hamid Jabbar
    2. Stephen F. Banta
    3. Theodore Lyons Araujo
    4. Dorothy G Bunce
    4 lawyer answers

    Another option is to hire a private investigator. This can be pricey but sometimes is effective in locating bank accounts.

  8. AZ State Taxes

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Henry Daniel Lively
    2 lawyer answers

    It is difficult for me to tell from your description exactly what is going on. I am not sure if you think you owe any taxes to the ADOR or not. If you do, then obviously you are going to have to pay them. In any event, if you have been sued, you must answer the complaint. Don't make the mistake of failing to answer or otherwise respond by filing a motion to dismiss. Otherwise a default judgment can be entered against you. If you still have time in which to answer or respond, a phone...

  9. Failure to Respond to a Subpeona Duces Tecum

    Answered almost 3 years ago.

    1. Christopher J Zachar
    2. Stephen F. Banta
    3. Pamela Koslyn
    3 lawyer answers

    I agree with both responses....I'd try to resolve it first with a phone call. If that doesn't work, use the petition for order to show cause to get the party in court so that they have to explain to the judge why they did not comply with the subpoena.

  10. Wage Garnishmentin AZ

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    The most important thing is that you answer, which is sounds like you plan to do. Yes, state that the person is an independent contractor, that you have no regular schedule of payments for the person and that they are only paid if and when they do work for you. A phone call to the attorney representing the judgment creditor explaining the situation would probably be appreciated as well. An employment attorney will likely talk about this issue with you at no charge.