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Jonathan A Millet

Jonathan Millet’s Answers

412 total


  • How can I get her to pay me when I have no money to sue?

    I moved from Colorado to Arizona a few months ago. I'm an independent contractor. I'm a mobile mechanic. A lady who owns a dealership and I had a verbal contract for me to work on her sales lot vehicles for a year. She refused to pay me for 52 hou...

    Jonathan’s Answer

    You can file a complaint in the justice court near where she lives if you want to sue for more than the $3,500 limit in small claims court (you can still sue in small claims, but your recovery is limited to $3,500). The limit is $10,000 in justice court. You can find some practice/guide books for civil litigation in the library in the basement of the court building in the square in Prescott. You probably have several theories: breach of contract and reliance (Restatement 2d Contracts § 90). Look up the Revised Arizona Jury Instructions to get the basics of what you need to plead (or put in your complaint) for each theory.

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  • Is it possible for the state of AZ to retaliate against me for suing a detention officer in flagstaff for sexual misconduct?

    I'm dealing with a state retaliation in AZ. Is there ANY BODY out there that can help me or help me find a pro bono atty.? There has to be someone strong enough to take on a state case . You would have to take it on a contingency but w...

    Jonathan’s Answer

    You may be referring to what are known as § 1983 claims, for the violation of your rights. You should probably look for an attorney that handles police liability claims.

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  • Do I record the Certified Copy of the Affidavit for Transfer of Real Property prior to the deed or concurrently?

    My Affidavit for Transfer of Real Property was accepted and I now have certified copies. Do I record this at the same time of the new deed or prior to recording the new deed?

    Jonathan’s Answer

    You usually record them at the same time. (The affidavit serves as the same function as a deed; the new deed would be a deed conveying the property to someone else).

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  • If you sue someone in civil court, can they still legally testify against you in another court?

    A witness for my ex, is planning to testify regarding an event where she said she was threatened by me almost a year ago. This event never happened, and she to this day has not call local police to file formal charges. I am in a custody case in ...

    Jonathan’s Answer

    Yes. Don't be so sure about winning the defamation suit. They are often hard to win. If you have not already done so, I recommend consulting with an attorney about strategy (even if you are not hiring the attorney to appear and represent you in the cases). From the judge's likely perspective, if you filed the defamation case after the custody case, your civil suit will probably be taken as grandstanding.

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  • Do i have a court case?

    My lawer past away in march and we were not informed until the end of june. When i spoke with the paralegal about it she said she had informed us in april which is untrue. Even if she had informed us in april they took payments out for that month ...

    Jonathan’s Answer

    If no work was done on your matter, you may have a case. Instead of calling and talking on the phone, ask for an appointment with the managing attorney at that firm and ask to discuss the case with him or her. If that does not work, you can call the Arizona State Bar and explain your situation.

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  • Do the children of deceased parents have the legal rights to parents retirement benefits ?

    mother just recently passed away. She was receiving Social Security and retirement benefits, father was beneficiary originally he passed away, Six years ago. Mother did not make changes in the beneficiary so wanting to find out if we her surviving...

    Jonathan’s Answer

    Perhaps. It depends if the retirement benefits provide for a benefit to beneficiaries after the death of a spouse. Some pensions have a death benefit, others only provide for benefits to a spouse. The first step is to start collecting the mail; the second step to to locate any will or trust; the third step, once you have more information, is to file a petition to be appointed as the administrator of her estate to make a claim for the benefits, on behalf of the persons entitled to them.

    My answer is incomplete; contact an attorney licensed in your state to receive legal advice for your specific situation. Answering your general question does not make me your attorney.

    __
    Jonathan A. Millet, Esq.
    125 North Granite Street, Prescott, Arizona 86301 * www.prescottlawoffices.com
    (928) 445-0122

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  • In AZ, how long can employers and rental leasing companies hold prior felonies against you?

    Last felony was 5 yrs ago

    Jonathan’s Answer

    As a side matter, if you have not already done so, you can ask the court to "set aside" your convictions. It does not purge them from the system, but it changes how they appear to someone doing a new search. Unfortunately, they will likely still appear in your history, but you can explain that the court looked at your case and the prosecutor agreed to set the conviction aside. It's not everything, but it can help. You can usually get the form from the court.

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  • What all do I need to list and not list as personal property for a small estate for the affidavit? /

    Estate is less than $75.000 at death. There was a will with naming who received her estate. The account I need this for had no beneficiaries listed.

    Jonathan’s Answer

    As a practical matter, if there are personal effects that have no real value (other than sentimental value), you can leave them off the list. Just make sure the children or other possible beneficiaries know about what you left off.

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  • Is it better for her to be on the title or just have him leave her the house in his will?

    My daughter is making all of the mortgage payments on a house my ex husband "bought for her". He put a down payment on the house and she has made all of the payments. She has put a new roof on the house and Installed air conditioning plus other ho...

    Jonathan’s Answer

    Another solution is to just have an attorney prepare a beneficiary deed. That means the house passes after he passes. All she needs to do is record his death certificate. Of course,he would still want to have this addressed in his will. A beneficiary deed is fairly simple and will probably cost about $300 or less to prepare.

    My answer is incomplete; contact an attorney licensed in your state to receive legal advice for your specific situation. Answering your general question does not make me your attorney.

    __
    Jonathan A. Millet, Esq.
    125 North Granite Street, Prescott, Arizona 86301 * www.prescottlawoffices.com
    (928) 445-0122

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  • How do I leave a car with a loan in my name to my girlfriend?

    I helped my girlfriend purchase a car. The dealership was to put the loan in both our names, but failed to do so. I am terminally ill and may pass at anytime. My girlfriend has been and will be making all the payments. How do I ensure once the...

    Jonathan’s Answer

    Go to the Motor Vehicle Division or a local Footewok and have them set it up as a transfer on death. After you pass, she would only need to pay off the loan and bring in your death certificate to have another title issued in her name alone.

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