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Jonathan A Millet

Jonathan Millet’s Answers

420 total


  • Should I respond to a civil summons?

    I received a civil summons from the Arizona superior court. This is the first I have heard from them in 10 years. The summons says for me to respond, i have to drive 4 hours to Phoenix. I have no reliable transportation. They claim I owe them a ce...

    Jonathan’s Answer

    If you cannot afford an attorney, try Community Legal Services to see if you can discuss it with an attorney there.

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  • Got a small claims judgment against an attorney. He refuses to pay.

    Can I send a copy to the state bar and they make him pay? Isn't financial responsibility one of the requirements that the state bar places on attorneys? Also, the judgment is against his PLLC in his name and he is the sole officer. Would his ma...

    Jonathan’s Answer

    I had a judgment against an attorney once. He did not pay at first. Here's a thought: have the Sheriff's Office take his office furniture, his desk, his filing cabinets (leave the files), his computer (leave the hard drive), and his monitors. The Sheriff's Office can then sell those. It worked for that attorney. I got a check; he preferred to avoid the hassle of having to refurnish his office.

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  • Default judgment against a company, mid May 2016. How easy will it be for them to reverse it?

    I filed a small claims suit against a guy's company and the constable reported that the resident said he moved. (No available stat agent). So I had the company served via the corporation commission. Still no response so I got a default judgment...

    Jonathan’s Answer

    • Selected as best answer

    If you served through the corporation commission, then it will be somewhat hard for them to get relief from the default judgment. However, it is likely that the company has no assets and your judgment may be useless.

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  • I sent money to a paypal address. How do I garnish/levy it back?

    I got a small claims judgment against a one-man law firm. He HAD my thousands in paypal. However, he may have spent them and he may have the money in his personal name (instead of business). I think paypal reuires a business account to receive s...

    Jonathan’s Answer

    You will need to get a judgment. That will require filing a suit in small claims, justice, or superior court, depending on how much it costs. Once you file a complaint, you will need to serve it on him. If all you have is a paypal address, it may be difficult to get a physical address or a mailing address. I recommend that you gather as much information as possible and then meet with a litigation attorney for a consultation. It should be a flat fee of about $200 to $300. You may also want to hire a process server to run a skip trace to try to locate the person. Good luck.

    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.

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  • What is the law in Arizona for probating an estate? Do you have to probate an estate? How do I find out someone's estate or wi

    What is the law in Arizona for probating an estate? Do you have to probate an estate? How do I find out someone's estate or will in the state of Arizona, Tucson.

    Jonathan’s Answer

    Attorneys in Arizona often send out a message on a listserv run by one of the committees of the State Bar of Arizona. That's often the best way to check if you don't have copies of any estate planning documents.

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  • How do you find an attorney that has pro bono hours or is willing to provide pro bono hours?

    I am at a lose. I have a paralegal degree and represented myself for 2 years in my divorce and custody case, and prevailed. I brought my ex back to court due to him exposing my children to his grow operation (he was legal to grow) and now I've b...

    Jonathan’s Answer

    Talk to Community Legal Services in Prescott to see if they can refer you to an attorney. Some attorneys in Prescott may only do pro bono through a referral. (I don't handle family law, nor does my firm).

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  • How are the public schools and the Mormon church aloud to have a seminary class?

    I live in a small town there is a public school here and they have a seminary class I thought it was illegal to mix public school and church why are they aloud to do this?

    Jonathan’s Answer

    Actually, seminary is not part of school. The school provides a class hour for release time; the student can then choose to go to the seminary class. The student gets no credit at school for going to seminary. It is a religious accommodation by the school district.

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  • Can your dentist send your medical records without your knowledge to your finance company.

    Is it legal for your medical provider without your knowledge sending your medical records to finance company

    Jonathan’s Answer

    Not without a signed HIPAA release. If you were financing dental work, you may have signed a release with your paperwork. To find out if you did, ask the dental office for a complete copy of your records.

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  • 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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