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    Mia0801's Avatar
    Mia0801 Posts: 8, Reputation: 1
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    #1

    Oct 25, 2011, 10:25 PM
    Where can I search for case laws in Maricopa County
    I need to reference case laws in my response to a motion for summary judgment in one case as well as a response to a motion to vacate judgment in another case.
    Wondergirl's Avatar
    Wondergirl Posts: 37,890, Reputation: 5430
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    #2

    Oct 25, 2011, 10:33 PM
    Do you have access to a law library?

    Or go to a large public library, to the reference desk, and tell them what you want to find. They have access to some legal databases that will help you get started, and then they can direct you to other libraries, if necessary.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 26, 2011, 07:04 AM
    Quote Originally Posted by Mia0801 View Post
    I need to reference case laws in my response to a motion for summary judgment in one case as well as a response to a motion to vacate judgment in another case.
    You haven't indicated what legal issues you need to research, but it's almost certain that you don't need to limit your research to Maricopa County. Arizona cases are in the Pacific Reporter, as I recall. And if you can't find Arizona cases which are exactly on point, (again, depending on the issue) citations to cases from other states might be useful.

    One way to search for cases by subject is to find an applicable article in Am Jur. And, of course, many law libraries and attorneys have access to on-line services such as WestLaw.
    Mia0801's Avatar
    Mia0801 Posts: 8, Reputation: 1
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    #4

    Oct 26, 2011, 10:27 AM
    To AK Lawyer- I have two legal issues that I need to respond to. They are as follows:

    1-Motion for Summary Judgement is on a CC Complaint with Discover Card. I responded to the complaint stating that they did not have grounds for the complaint because SOL had expired. They submitted the Motion for Summary stating that they have copies of statements (which are only for the last 4 yrs of the account) and a notarized affidavit from someone supposedly from Discover to substantiate that it's my account, a copy of the agreement posted/issued by Discover (but not the signed application) to substantiate that they have a right to seek payment of the outstanding amount and they're citing A.R.S. §12-548 to defend that SOL has not expired since the revision with House Bill 2412 modified ARS §12-548 to include credit cards and the statue of limitation to ARS §12-548 is 6 yrs. Their Motion of Summary Judgement states that my last activity was in January of '08 and they submitted their complaint in July '11. They believe that is still well within the 6 yr SOL but I want to cite case LC2008-000690-001 DSS Financial v Deborah Walrod from January '09 which stated that a credit card fell under A.R.S. §12-543 which governs the time limit to pursue a claim of unpaid debt on an open or stated account to 3 yrs and since the revision to ARS §12-548 did not go into effect until May '11, the SOL on my case had expired. I just want to know if there are other cases that I can use to defend this point.

    2-Answer to the Plaintiff's response to my Motion to Vacate Judgement. I never received a copy of the Summons or Complaint. The Plaintiff's lawyer states that an attempt was made to serve my husband and I at our current address on record (address on record was noted in Plaintiff's records of the account, provided by a DMV record and by the PostOffice). They were informed by an unidentified male that the "Defendants" were unknown, so they then tried a previous address (an address that is over 4 yrs old) and were informed by current resident (they provide her name) that the "Defandants were unknown but that mail for them was periodically received. Plaintiff's attorney then notes that it appeared we were avoiding being servied so they resorted to serving by publication. They do note that all subsequent pleadings were sent to the last attempted address which is the address we haven't lived in for over 4 yrs. Since we never got any copies of anything we were unaware of the complaint so a Default Judgement and a subsequent Writ of Garnishment were awarded to the Plaintiff. The way I found out about this judgement was when I got my copies of the garnishment from my employer. I submitted a Motion to Vacate and a garnishment hearing. At the hearing the lawyer informed the judge that they'd filed a response to my Motion to Vacate but the judge confirmed they didn't yet have it in the file. The judge informed me that I have 1 week to respond to the Plaintiff's answer and then he'll rule on my Motion, so I would like to reference any cases that validate my stance that they did not serve me properly. That by not sending all documents/pleadings to the address on record they failed to give me due process to defend myself.

    I apologize if this is lenthy but I'm hoping if you know some of the background, it will help narrow down where I need to do my research. Any information you can provide is greatly appreciated as we're defending ourselves.
    Mia0801's Avatar
    Mia0801 Posts: 8, Reputation: 1
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    #5

    Oct 26, 2011, 10:29 AM
    To Wondergirl - are you referring to a physical law library? If so, then no. I am not an attorney just need to defend on my own. I cannot afford a lawyer at this point. Are there law libraries open to the public?
    Wondergirl's Avatar
    Wondergirl Posts: 37,890, Reputation: 5430
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    #6

    Oct 26, 2011, 10:32 AM
    The public library I worked at would confirm a patron and get permission for him to use a museum or law or hospital library for a limited period. Check with your library's reference desk to find out if that is possible in your area.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Oct 29, 2011, 05:52 PM
    Quote Originally Posted by Mia0801 View Post
    To AK Lawyer- I have two legal issues that I need to respond to. They are as follows:

    1-... ... I want to cite case LC2008-000690-001 DSS Financial v Deborah Walrod from January '09 which stated that a credit card fell under A.R.S. §12-543 which governs the time limit to pursue a claim of unpaid debt on an open or stated account to 3 yrs and since the revision to ARS §12-548 did not go into effect until May '11, the SOL on my case had expired. I just want to know if there are other cases that I can use to defend this point.
    ...
    If the Walrod case has been followed by other cases, simply "Shepardize" it. Shepards is a legal reference available in any good law library with which one can find any case which has cited previous cases. I believe this can also be found in an online version.

    Quote Originally Posted by Mia0801 View Post
    ...... I would like to reference any cases that validate my stance that they did not serve me properly. That by not sending all documents/pleadings to the address on record they failed to give me due process to defend my self. ...
    You should find your paricular jurisdiction's civil rule having to do with service of process. Most other states, as well as the Federal Courts, have similar rules, so a citation to cases on service of process from anywhere in the U.S. would probably be on point. I don't buy the argument on service of subsequent papers, as I understand it. If service by publication was allowed, and you were so served, I fail to understand how they would be under a duty to send anything more, to any address. But by all means research it if you want.

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