Arizona Legal Questions & Answers
73 plain-English answers to common Arizona law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Arizona?
Arizona property owners first petition the county assessor within 60 days of the Notice of Value (A.R.S. § 42-16051). Then appeal to the County Board of Equalization (small…
- How does the lemon law process work in Arizona?
Arizona's Motor Vehicle Lemon Law, A.R.S. §§ 44-1261 to 44-1267, presumes a lemon after 4 repair attempts on the same defect or 30+ cumulative days out of service within the…
- How much of my wages can be garnished in Arizona?
Arizona is stricter than federal. Under A.R.S. § 33-1131, garnishment of disposable earnings is capped at 10% (for consumer debt, since the 2022 voter-approved Predatory Debt…
- How do I file a mechanic's lien in Arizona?
Serve 20-day Preliminary Notice on owner, GC, and lender within 20 days of first work. Record Notice and Claim of Lien in county recorder within 120 days of completion (60 days if…
- What is the personal injury statute of limitations in Arizona?
Arizona provides 2 years for personal injury under A.R.S. § 12-542. Medical malpractice follows the same 2-year SOL. Claims against public entities require a Notice of Claim…
- How does small claims court work in Arizona?
Arizona Small Claims Division handles disputes up to $3,500 under A.R.S. § 22-503. Filing fees range $37-$45. Attorneys are barred unless both parties consent. There is no appeal…
- How do I set aside a default judgment in Arizona?
Move under Ariz. R. Civ. P. 55(c) and 60(b) within a reasonable time, and within six months for mistake, inadvertence, surprise, or excusable neglect. The Richas test requires…
- Who is liable if a dog bites me in Arizona?
Arizona imposes strict liability under A.R.S. § 11-1025 for bites in public places or while the victim is lawfully on private property. Provocation is a defense under § 11-1027. A…
- What can I do if I'm a victim of identity theft in Arizona?
Arizona classifies identity theft as a Class 4 felony under A.R.S. § 13-2008, with aggravated identity theft (3+ victims or losses $3,000+) as Class 3 and trafficking as Class 2…
- How does comparative fault work in Arizona?
Arizona is a pure comparative fault state under A.R.S. § 12-2505 — a plaintiff's fault only reduces, never bars, recovery. Joint and several liability was abolished by A.R.S. §…
- How do I file a public records request in Arizona?
Arizona Public Records Law (A.R.S. §§ 39-121 to 39-128) requires prompt production of records during business hours. Copy fees are limited to actual cost (commercial requesters…
- What is the statute of limitations for contract claims in Arizona?
Arizona gives 6 years to sue on a written contract under A.R.S. § 12-548 and 3 years on an oral contract under § 12-543. UCC sale-of-goods claims have a 4-year SOL under A.R.S. §…
- What money in my bank account is protected from creditors in Arizona?
Arizona protects $5,000 in a single bank account under A.R.S. § 33-1126(A)(9) (raised from $300 in 2022). 75% of wages exempt under § 33-1131. Federal benefits get automatic…
- How do I appeal a denied Social Security disability claim in Arizona?
Arizona's Disability Determination Services Administration (DDSA), within the Department of Economic Security, handles initial SSDI/SSI reviews from Phoenix and Tucson. 60-day…
Criminal (10)
- What are DUI penalties in Arizona?
Arizona has the toughest first-offense DUI in the nation under A.R.S. § 28-1381. The BAC limit is .08 (.04 commercial, any amount under 21). A first DUI requires mandatory minimum…
- How do I expunge a criminal record in Arizona?
Arizona historically didn't have true expungement, only 'set aside' under ARS § 13-905. The Second Chances Reform & Public Safety Act (Prop 207, 2020 — Marijuana) and HB 2614 / SB…
- How do I get a concealed carry permit in Arizona?
Arizona has been a permitless (constitutional) carry state since 2010 under A.R.S. § 13-3102. Adults 21+ may carry concealed without a permit. The optional Concealed Weapons…
- What are the search warrant requirements in Arizona?
Arizona search warrants are governed by A.R.S. § 13-3911 et seq. A sworn affidavit of probable cause must be presented to a magistrate. § 13-3916 codifies knock-and-announce…
- Can I legally record a phone call or conversation in Arizona?
Arizona is a one-party consent state under A.R.S. § 13-3005. A party to the conversation, or someone with consent of one party, may record. Unauthorized interception is a Class 5…
- How does bail work in Arizona?
Arizona governs bail under Ariz. R. Crim. P. 7 and Ariz. Const. art. II, § 22. Initial appearance within 24 hours of arrest. Cash, surety, ROR, and property bonds available…
- How does plea bargaining work in Arizona?
Arizona plea procedure follows Ariz. R. Crim. P. 17. Guilty, no contest, and Alford pleas (State v. Mendiola) are recognized. The state has a strong 'mandatory' settlement…
- How do I sue police for misconduct in Arizona?
42 U.S.C. § 1983 is the federal vehicle. Arizona has not abolished QI and has no parallel civil-rights act. The Arizona Actions Against Public Entities and Employees Act (ARS §…
- When can a private citizen make a citizen's arrest in Arizona?
Under Ariz. Rev. Stat. § 13-3884, a private person may arrest another (1) when an offense is committed in the arrestee's presence, or (2) when the arrestee has committed a felony…
- What pretrial diversion or drug court programs exist in Arizona?
Arizona offers DA diversion under A.R.S. § 11-361, mandatory Proposition 200 probation for first/second drug possession under A.R.S. § 13-901.01, drug courts under § 13-3422…
Employment (10)
- What is the minimum wage in Arizona?
Arizona's minimum wage is $14.70/hour effective Jan. 1, 2025, under Ariz. Const. Art. II, § 7 and the Fair Wages and Healthy Families Act (Prop. 206, 2016). The tipped cash wage…
- How do I file a workers compensation claim in Arizona?
Arizona workers' comp is governed by A.R.S. Title 23, Chapter 6 and administered by the Industrial Commission of Arizona (ICA). Notify your employer immediately and file a…
- How do I file for unemployment benefits in Arizona?
File online at azuiclaims.azdes.gov. Arizona pays $200-$320/week (cap raised in 2023 from a long-standing $240) for up to 26 weeks. Need at least $4,640 in your highest quarter or…
- What is wrongful termination in Arizona?
Arizona is an at-will state. The Arizona Employment Protection Act (AEPA, A.R.S. § 23-1501) codified and limited the public policy exception in 1996, requiring claims to be based…
- How do I file a workers' compensation claim in Arizona?
Notify your employer immediately and file an ICA Form 407 (Worker's and Physician's Report of Injury) with the Industrial Commission of Arizona within 1 year (A.R.S. §…
- Can I sue for wrongful termination in Arizona?
Arizona's Employment Protection Act (A.R.S. § 23-1501) codifies and limits wrongful-discharge claims to specific public-policy and contract grounds. Implied contracts must be in…
- What are my rights against workplace harassment in Arizona?
The Arizona Civil Rights Act (A.R.S. § 41-1461) is enforced by the Arizona Civil Rights Division of the Attorney General's Office and covers employers with 15+ employees…
- Can my employer drug test me in Arizona?
Arizona's Drug Testing of Employees Act (A.R.S. § 23-493 et seq.) provides employers a safe harbor from claims if they follow procedural requirements. The Arizona Medical…
- Are non-compete agreements enforceable in Arizona?
Arizona enforces non-competes that are reasonable in time, geography, and scope, and protect a legitimate business interest. Arizona courts apply a 'step-down' or step-elimination…
- How do I appeal an unemployment insurance denial in Arizona?
The Arizona Department of Economic Security (DES) administers UI under A.R.S. Title 23, Ch. 4. Appeals must be filed within 15 days of the determination. Maximum weekly benefit is…
Family (9)
- How do I file for divorce in Arizona?
Arizona requires 90-day residency. It is generally no-fault unless you have a covenant marriage. File a Petition for Dissolution of Marriage, serve your spouse, observe a 60-day…
- How is child custody decided in Arizona?
Arizona uses 'legal decision-making' and 'parenting time' (formerly custody) under A.R.S. § 25-403. The court decides on the best interest of the child using 11 statutory factors…
- How does alimony work in Arizona?
Arizona calls it 'spousal maintenance' under A.R.S. § 25-319. A spouse must first qualify (lacks property to provide for needs, unable to be self-sufficient, contributed to…
- How is child support calculated in Arizona?
Arizona uses an Income Shares model under A.R.S. § 25-320 and the Arizona Child Support Guidelines (effective Jan. 1, 2022). Both parents' gross incomes are combined and matched…
- How do I get a marriage license in Arizona?
Apply at the Clerk of the Superior Court in any Arizona county. Fee is $83. No waiting period — license issued same day. License is valid 12 months — one of the longest validity…
- How do I establish paternity in Arizona?
Arizona Revised Statutes § 25-812 lets parents establish paternity by signing a Voluntary Acknowledgment of Paternity (the state Affidavit of Paternity) that becomes a binding…
- How does the adoption process work in Arizona?
Arizona adoptions are governed by A.R.S. Title 8 Ch. 1 (§ 8-101 et seq.). A consent under § 8-107 may be signed 72 hours after birth and is irrevocable on execution unless…
- Are prenuptial agreements enforceable in Arizona?
Arizona adopted the UPAA at A.R.S. §§ 25-201 to 25-205. Prenups must be in writing and signed; consideration is the marriage. The challenger must prove involuntariness OR…
- How do I get a restraining order in Arizona?
Arizona offers Orders of Protection under A.R.S. § 13-3602 (domestic), Injunctions Against Harassment under § 12-1809 (non-domestic), Injunctions Against Workplace Harassment…
Housing (8)
- What are tenant rights in Arizona?
Arizona caps security deposits at 1.5 months' rent, requires return within 14 business days, mandates a 5-day pay-or-quit notice and 30-day notice for month-to-month termination…
- What is the eviction process in Arizona?
Arizona requires a 5-day notice for nonpayment under A.R.S. § 33-1368, 10-day notice for lease violations, and immediate notice for material/irreparable breach. Landlord files a…
- What must a home seller disclose in Arizona?
Arizona has no statutory disclosure form, but case law (Hill v. Jones, 1986) requires sellers to disclose material facts that materially affect value and are not reasonably…
- How do I dispute a security deposit return in Arizona?
Arizona's ARLTA (A.R.S. § 33-1321) caps deposits at 1.5 months' rent and requires landlords to return the deposit within 14 business days of move-out plus written forwarding…
- How do I dispute an HOA assessment or fine in Arizona?
Arizona governs planned communities under A.R.S. §§ 33-1801 to 33-1818 and condominiums under §§ 33-1201 to 33-1270. Owners may file complaints with the Arizona Department of Real…
- What is the eviction process in Arizona?
Arizona uses a Special Detainer under A.R.S. §§ 33-1301 et seq. (ARLTA) and §§ 12-1171 et seq. Nonpayment requires a 5-day pay-or-quit; material noncompliance a 10-day…
- What can I do if my landlord won't fix uninhabitable conditions in Arizona?
Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1324) imposes habitability duties. Tenants may repair-and-deduct up to $300 or half a month's rent under § 33-1363, or…
- How do I resolve an easement or boundary dispute in Arizona?
Arizona adverse possession periods range from 2 to 10 years depending on circumstances (A.R.S. §§ 12-522 to 12-526). Quiet title under A.R.S. § 12-1101 et seq. Prescriptive…
Estate (8)
- How do I make a valid will in Arizona?
Arizona requires the testator to be 18+ and of sound mind (A.R.S. § 14-2501). The will must be in writing, signed by the testator, and attested by 2 witnesses within a reasonable…
- How do I create a power of attorney in Arizona?
Arizona did NOT adopt the UPOAA. POAs are governed by A.R.S. §§ 14-5501 to 14-5510 (financial) and §§ 36-3201 to 36-3262 (healthcare). Financial POA must be signed by the…
- How does probate work in Arizona?
Arizona probate typically takes 6-12 months under A.R.S. Title 14. Arizona has adopted the Uniform Probate Code (UPC). Small-estate affidavits: personal property up to $75,000…
- Can I disinherit my spouse or child in Arizona?
Arizona is a community-property state; a surviving spouse owns one-half of community property automatically (A.R.S. § 25-211). Arizona has no traditional elective share…
- How do I petition for guardianship or conservatorship in Arizona?
Arizona uses 'guardian' for personal decisions and 'conservator' for property under A.R.S. Title 14, Chapter 5. Both apply to incapacitated adults and minors. Clear and convincing…
- How do I create an advance healthcare directive in Arizona?
Arizona recognizes Living Will (A.R.S. § 36-3261), Health Care Power of Attorney (A.R.S. § 36-3221), Mental Health Care POA, and DNR. One witness OR notary required. Arizona has a…
- How do I file a quitclaim deed in Arizona?
Arizona quitclaim deeds need grantor signature and notarial acknowledgment (A.R.S. § 33-401, § 33-411); no witnesses required. Record with the county Recorder. Arizona has NO…
- What is the homestead exemption in Arizona and how do I claim it?
Arizona's creditor homestead is $400,000 (A.R.S. § 33-1101, raised by Prop 209 in 2022, indexed annually). Auto-attaches to a primary residence — no recording required. No state…
Traffic (6)
- How do I fight a parking ticket in Arizona?
Arizona parking tickets are civil violations under A.R.S. § 28-872. Phoenix, Tucson, and Mesa each have municipal court procedures with 15-30 day windows. You can plead not…
- How long do I have to register a vehicle in Arizona?
Arizona gives new residents until their AZ driver license is issued, then must register before driving (effectively immediate) under A.R.S. § 28-2153. Purchased vehicles must be…
- How do I get my driver's license reinstated in Arizona?
Arizona has one of the lowest reinstatement fees — $10 to $50 (A.R.S. § 28-3002) — but DUI-related fees add up. After DUI, SR-22 is required for 3 years and an Ignition Interlock…
- How do I fight a speeding ticket in Arizona?
Arizona drivers can pay, attend Defensive Driving School (once per 12 months under ARS § 28-3392) to dismiss the citation, or contest in court under ARS § 28-701. Most speeding is…
- What are the open container laws in Arizona?
Arizona ARS § 4-251 prohibits the operator and any passenger from possessing an open container of spirituous liquor in the passenger compartment of a motor vehicle on a public…
- What happens if I get a DUI in Arizona?
A.R.S. § 28-1381 sets per se DUI at 0.08% BAC (0.04% commercial, 0.00% under-21), with Extreme DUI at 0.15%+ and Super Extreme at 0.20%+. First DUI: 10-day mandatory jail (9…
Civil Procedure (4)
- What is the small claims limit in Arizona?
Arizona Justice Court Small Claims Division hears cases up to $3,500 under A.R.S. § 22-503. Filing fees are $35-$45. Lawyers are NOT allowed unless both parties agree. There is NO…
- What is the statute of limitations in Arizona?
Arizona civil limitations: personal injury 2 years (A.R.S. § 12-542), written contract 6 years (§ 12-548), oral contract 3 years (§ 12-543), property damage 2 years (§ 12-542)…
- Can I get out of jury duty in Arizona?
Arizona requires US citizens, 18+, county residents under A.R.S. § 21-201. A prospective juror at least 75 years of age may submit a written statement requesting to be excused…
- How do I legally change my name in Arizona?
File an Application for Change of Name in the superior court of your county (A.R.S. § 12-601), pay approximately $349 in filing fees, give notice to interested parties (no general…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.