Legal Question in Civil Litigation in Arizona

small claims court

1 � years ago my 24 year old son was encouraged by his Unlce to take his Harley Davidson Motorcycle for a �ride�. My son informed my brother that he was not comfortable taking the bike due to lack of experience. My brother encouraged my son to just ride it. My son lost control of the motorcycle and hit a parked car. No damadge was done to the parked car. Today, my son was sent via certified mail and notice from Small Claims court suing him for repairs needed to the motorcycle. My son did apologize to his Uncle for having lost control and even stated he would pay for the damage one he was released from the Military. My son is currently at Ft. Leopardwood completing basic training or Military Police. His graduation is scheduled for February 14, 2008. Their group has been informed that they will be sent to Iraq in the near future. My son�s girlfriend accepted the certified letter. Please advise as to the options available to my son.


Asked on 11/15/07, 9:02 pm

1 Answer from Attorneys

William Fife Law Office of William Fife PLC

Re: small claims court

I need some more information. Is your son's address the same as his girlfriend's address? The concern here is proper service of the complaint. Your son has a few of options: 1. do nothing and then contest the default when he returns on the grounds of improper service. 2. File an answer to the complaint and continue the trial until he returns. 3. Reach a settlement agreement with his uncle. I would suggest having his girlfriend send a letter to the court advising them that he does not live there.

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Answered on 11/18/07, 8:59 am


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