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Stephen F. Banta

Stephen Banta’s Answers

58 total


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

    My ex will soon receive a large payout from his 401k and I was awarded an attorney's fee judgement during our divorce process. I do not know where he banks at. Can I file the writ of garnishment against the major banks in his area since I do not...

    Stephen’s Answer

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

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  • Just received summons in Phoenix, AZ

    I received a summons from a charged off credit card, Plaintiff(collection attorney) claims upon information and belief, that i was married and remain currently married. I was never married and always been single this is my first summons what do i ...

    Stephen’s Answer

    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.

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  • AZ State Taxes

    The AZ dept of Revenue sued me for back taxes. I do believe they are using a computer generated tax return from the IRS. I filed amended with the IRS and am under a OIC and performing as agreed. Can I file a motion to dismiss based on the fact ...

    Stephen’s Answer

    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 call to the lawyer for the state and an offer to get the lawyer the proper tax returns would be a good first step.

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  • Failure to Respond to a Subpeona Duces Tecum

    I've filed and properly served a Subpeona Duces Tecum and the party served has failed to produce the requested information in the alloted time (30 days). At this point what is my recourse against the party served for failing to comply with a court...

    Stephen’s Answer

    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.

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  • Wage Garnishmentin AZ

    I am a small business owner who has no employees. We use contractors who are self-employed for all our services. My company was named in a Writ of Garnishment as Garnishee for one of our self-employed contractors. Maricopa County is asking me i...

    Stephen’s 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.

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  • What can I do about a public school to pay for my son's medical bill

    My son and other students were break dancing in school play ground During lunch. he broke his arm there was supervision or any type of safety Equipment he also said that they were dancing almost everyday and the Only time a teacher came over ...

    Stephen’s Answer

    I recommend posting your question in the personal injury section.

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  • Is a tenant bind to old lease if current lease expired;tenant has verbal agreement to rent month to month; no new lease was sign

    Tenant yearly lease expired and tenant has been on a month to month agreement since. Tenant never signed a new lease. Tenant gave the landlord a 30 day notice. Landlord stated that tenant was still bind by the old lease and needed to adhere to t...

    Stephen’s Answer

    It sounds like the tenant has a valid month to month agreement. The tenant is not bound by the terms of the prior lease agreement.

    To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally fall due. A.R.S. section 33-1375(B).

    And yes, the tenant is still entitled to the security deposit in accordance with the limitations and requirements set forth in A.R.S. section 33-1321. The termination of the tenancy, not a particular lease agreement, is what controls the landlord's obligations with respect to the lease agreement. I've included a link to that statute:

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  • My ex and I are on an auto loan together. He has had the truck since 3/2008. He has fell behind on payments.

    He is in a different state, I don't know where he live and he won't respond to any calls, text, or emails. I have tried calling the finance company, municipal and civil courts, the mvd and a layer and am getting nowhere.

    Stephen’s Answer

    Unfortunately, if you are a borrower on the loan you are responsible for it, even if you ex has the truck and you don't know where he is. I don't see any good way out of this for you.

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  • Can an employer pay an employee his overtime in Comp.Time instead of actual overtime pay?

    My wife works overtime almost every day. She is given Comp.Time at straight time time off, instead of paying her overtime at time and a half. She is also required to carry a cell phone with her during her un-paid lunch in case a customer calls. C...

    Stephen’s Answer

    Arizona does not have an overtime law. However, if your wife's employer is covered by the Fair Labor Standards Act, the federal overtime laws apply. Here is a link to the US Department of Labor's Wage and Hour Division. You can find many helpful answers there, including the phone number for the Arizona office of the Wage and Hour Division. I recommend you call the Arizona office and see if your wife has an legal recourse against her employer.

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  • I am a employee for the state of Arizona,under a temp agency, and my boss has made some real hardcore racial comments about me,

    i am employed with the state of Arizona, for about 3 1/2 years, i have recently ask for a raise, and my boss comment was your a beaner and i was only going to get a 5 cent raise and that if i wanted my raise i would have to stay after work and he...

    Stephen’s Answer

    You can file a complaint with the Arizona Civil Rights Division and they will investigate the situation and let you know whether you have a claim. You need to file a complaint within 180 days of the incident or you will waive your right to do so. Here is a link to a brochure that you may find helpful:

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