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Articles (page 4)

Overview of a Lawsuit

By Platt & Westby, P.C. | December 28, 2017

The term lawsuit has come to have a negative connotation, however, there are many reasons to file a lawsuit that are non-confrontational.  Lawsuits can be filed to get a clear title to sell a house, or to open a probate to distribute the estate of a deceased loved one.  Sometimes however, disputes do arise, and whether a lawsuit is being commenced or defended against, many questions undoubtedly arise.  While this article is by no means all inclusive, it is meant…

Deed of Release By Heirs

By Platt & Westby, P.C. | December 19, 2017

Buying and selling real property is an exciting and daunting prospect for many people. Whether it is raw land, a first home, or commercial real estate, transactions for real property can often face numerous obstacles. There can be issues with financing, the property itself or even getting marketable title. These issues can arise on the side of both the buyer and the seller. Some of them can be quite simple to resolve and some you may need the help of…

VIDEO: Which of My Debts Can Be Discharged in Bankruptcy?

By Platt & Westby, P.C. | November 28, 2017

There are many misconceptions about what kind of debt can be discharged in bankruptcy. This is partly because there are so many rules that apply to different types of debt. For example, some debts are never dischargeable and some debts can be discharged when you file a Chapter 13 bankruptcy, but not when you file a Chapter 7 bankruptcy. We’ll take a look at a few different situations here. Some debts that can never be discharged in bankruptcy include domestic…

What is Arbitration?

By Platt & Westby, P.C. | November 28, 2017

Arbitration is one of many forms of Alternative Dispute Resolution (ADR). Arbitration can be an alternative to filing a lawsuit in court. Arbitration can be voluntary or it mandatory and in some cases it can even be a prerequisite to filing a lawsuit. Arbitration can be binding, meaning the parties agree that the arbitration award will be final, or it can be non-binding, meaning the parties can still pursue other available remedies (such as a lawsuit in court) after the…

What to Expect in an Eviction Action

By Platt & Westby, P.C. | November 22, 2017

Eviction, or forcible detainer as it is known in Arizona, is the process by which a landlord reclaims property that is being wrongfully withheld by a tenant. There are several reasons a landlord may do this, perhaps the tenant has not paid rent, or has engaged in criminal activity on the property. Or perhaps the tenant has failed to vacate after the lease has expired. Regardless of the reason, the process behind obtaining a judgment in a forcible detainer action…

VIDEO: What to Look for in a Lawyer

By Platt & Westby, P.C. | November 8, 2017

What to look for in choosing a lawyer Choosing a lawyer can be a confusing and sometimes intimidating process for many people.  Many people are seeking a lawyer to resolve a current problem or crises they are experiencing.  Or, they could be seeking to set up an estate plan to prepare for an uncertain future.  Whatever the case, there are many lawyers who, just like almost everyone else, advertise many services making it is difficult to tell which lawyer is…

When Can I Evict a Tenant?  

By Platt & Westby, P.C. | November 6, 2017

When Can I Evict a Tenant? It is not uncommon in Arizona for a person to own rental property. In addition to large corporations there are many individuals who own one or more properties they use to rent out. It comes as no surprise then that Arizona has a lot of rules and regulations regarding tenant’s rights and the owner’s ability to evict a tenant. The Arizona Residential Landlord Tenant Act sets forth these rights and obligations. These are all…

Advice for Women in Transition: Legally Speaking

By Platt & Westby, P.C. | November 2, 2017

Platt & Westby, P.C. attorney, Elizabeth Westby, was a guest contributor on Transition & Thrive with Maria.  In this series of three brief interviews, Elizabeth shares her views on those transition situations that may benefit from legal advice, how we can become our own liability in legal matters and what is the best untapped resource we might miss while we are mired in emotion. Tips for the Transition is a series of interviews with experts who have tips, lessons and…

What to Expect In a Divorce

By Platt & Westby, P.C. | August 30, 2017

A full list of What to Expect in a Divorce would be far too much to cover in one blog.  Instead, this article will focus on the basic timeline of a divorce and some of the milestones along the way.  This article is not meant to be exhaustive, but rather to provide answers to some preliminary questions that are common to divorce cases in Arizona.  One of the main points to start off with, is that in Arizona a “divorce”…

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