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Guy W Bluff
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Guy Bluff’s Answers

506 total


  • I filed a second amended complaint Friday. On Monday, can I add to the second amended complaint before the defendant answers?

    Would I file a Motion or Declaration to add additional information to a Second Amended Complaint, as long as the Defendant hasn't answered the Second Amended Complaint yet?

    Guy’s Answer

    Assuming that the time period for filing amended pleadings has not yet expired, file a Notice of Withdrawal of the 2nd Amended Complaint already filed and then an "Amended" 2nd Amended Complaint as a new pleading with the new additional information with the Clerk.

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  • How to deliver my demand letter to someone who refuses to pay me for all my services as a subcontractor,?

    Worked since may 2015 . have all evidence written,verbal and witnesses.refuses to pay me.

    Guy’s Answer

    There is no best way specific however the first place to look is your written contract or subcontract agreement. Many standard form documents such as the AIA Document set have a specific method of delivery identified eg. certified mail, fax or electronic mail. If your contract does not require a specific format, then deliver using three separate methods. E-mail, 1st Class Regular Mail with a "Certificate of Mailing" receipt , and Certified Mail E-Receipt requested (about $5.00). Certified mail requires a signature to pick up. 1st Class mail with a certificate of mailing demonstrates simply that the letter / demand was mailed from the US Post Office to the recipient. Many individuals will refuse to accept or sign for Certified Mail and thus you cannot demonstrate actual delivery and thus the "legal burden" of delivery remains with the sender. Mailing with a Certificate of Mailing demonstrates that the article was appropriately placed with the US Postmaster and delivery is PRESUMED to have occurred. Thus the legal burden of non-delivery shifts to the person avoiding payment. E-mail with the "confirm receipt" feature turned on is also effect to demonstrate "actual delivery" but does not have the legal effect required unless the parties have previously agreed in writing that e-delivery is an acceptable legal form of delivery of such documents. The best answer therefore is ALL THREE METHODS.

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  • Who gets to claim for tax purposes?

    There was a change of custody this year as of 7/2. In October, judge ordered child support clearinghouse to suspend payments from the original non-custodial parent and didn't order the new non-custodial parent (previously the custodial parent) to...

    Guy’s Answer

    The parenting plan should have addressed which years (Odd or Even) that a particular parent can claim the tax exemption. If each parent pays and equal amount toward child support, the exemption is split equally. If the Father pays 75% of the total child support obligation (as computed by the Child Support Worksheet), then the Father would be entitled to claim the exemption for 3 of every 4 years. The Court order typically will also provide that child support payments for the particular tax year have to be current in order for the Father to claim the exemption. Past support obligations (for prior years) will not come into play. If the Court order does not specify which years Father (or Mother) are entitled to the exemption, the parties should try to come to an agreement voluntarily with the goal of providing the greatest benefit to the family unit. E.g. If Father takes the exemption because of his earnings, the net result is a tax benefit of $1,000 whereas if Mother took the exemption, the net tax benefit would be only $500, consider having Father claim the exemption and then sharing half of the excess refund with Mother or otherwise putting the money into a savings account for the benefit of the minor child.

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  • My sister and I are purchasing a house for cash. She is single I am married. How do I pass my 50% ownership to my spouse?

    I don't want to add him to the title if he will then be a 1/3 owner. It should be 50% to each sister, then have my husband get my 50% if I die before him.

    Guy’s Answer

    Take your 1/2 title interest as "Community property with right of survivorship"

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  • Property Damage

    Damage to my property from the overflow from a retention basin in a development across the street from my home .

    Guy’s Answer

    If the retention basin was originally "undersized" you might have a claim against the developer. Most likely you would have a claim against your homeowner's policy however most such policies exclude damage caused by flooding (thus the reason people should purchase Flood Insurance). The recent storms in Arizona were beyond the general design requirements for retention basins but you would need to see the original planning and permitting documents to determine if they designed for a 20, 50 or 100 year flood and thus there is some causal link between the storm and your damages.

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  • Is first plea offer the only one ?

    My charges came in the mail and I drove for the " book and release " the next day. Two weeks after arraignment I was mailed discovery with plea offer of undesig. class 6 . Was class 3 felony . Have first Case Mgmt. conference soon. Is it me who as...

    Guy’s Answer

    • Selected as best answer

    Do not try to do this without an attorney. Executing a plea agreement, even one for a class 6 designated, has serious implications in your life, future employment prospects, and ability to obtain many government benefits.

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  • Is it true that if a creditor levies my bank account, that $600 is exempt and they can only take what is over that?

    I was told that if I have $800 in a bank account on the day that the creditor were to levy account, that they would only be able to levy $200 of that and the levy is only good for the said day of levy. They would have to 'hit up' the account on an...

    Guy’s Answer

    The "levy" or "Garnishment" is valid only on the day the bank is served with the Writ. $300 is exempt from a general checking account. You can file a written objection to the writ and have it heard by the Court to demonstrate why a lesser sum should be given to the bank.

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  • I'm 8 1/2 months pregnant, most definately can't find a job, and I have a probation officer who causes so much frustration

    He continually makes me drop u.a. knowing dang well I have no means of transportation, let alone no income to pay for the u.a. and is fully aware that I am pregnant and am due to have my baby in nov. This upcoming month. I'm so terrified that he's...

    Guy’s Answer

    Taking periodic UA's is likely a condition of your probation. If you were previously incarcerated for a drug related offense or have a history of drug use, then your PO is well within his/her rights to have this testing done by you at your expense. Contact his supervisor, see if you can come to some alternative arrangement for testing and that accommodates your current condition.

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  • Do I have to wait 60 days before a consent decree paperwork can be notarized?

    I am currently in the process of divorcing my husband. We have filed papers, he has signed the accepatance of service and we have both completed our parenting class. We will be filing the consent decree paperwork on Oct 31, 2014 after the 60 day w...

    Guy’s Answer

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    The notarization is required to be done at the TIME OF SIGNING. You can sign the documents early, submit them early, but the Court will wait until after 60 days before acting on them. If you are in a hurry (as many of our clients are), we file the paperwork about a week before the 60 day deadline with the Division and a short note advising of the 61st day so that the Judicial Assistant can have it on the Judge / Commissioner's desk immediately after the deadline for signature.

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  • My son bought a used car from a dealership that has had several problems. What are my options?

    My wife and son both bought newer model used cars from a Nissan dealer about 5 months ago. Hers is fine but since they bought them, my sons 2004 Dodge Durango has had to go back for one problem or another 4 or 5 times now and the check engine lig...

    Guy’s Answer

    Talk to the manager of course but it is likely that you purchased the Car "As Is" which includes the mechanical problems you are experiencing. Remember that this is a 10 year old car and mechanical problems should have been anticipated. Without knowing the exact nature of the problems and whether the dealership represented something "different" to you at the time of purchase, you should just consider that there have been and will be problems in the future.

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