Civil Defense Lawyers in Chandler, AZ

Being sued can be frustrating and confusing. It is extremely important to note that, generally, you have 20 days to file a response to a Complaint once you are served with a lawsuit. If you do not appear and defend yourself, you may run the risk of having a default judgment entered against you. Even if you are wrongly sued, you must take steps to defend the lawsuit to avoid having a judgment entered against you.

Generally, when served with a Complaint, you should review it to determine who is suing you and what you are being sued for. Sometimes, it is difficult to understand the nature of the claims. Nonetheless, once the claims are known, it may be easier to determine what defenses, if any, are available to you. There are numerous defenses that may be asserted in a lawsuit. While the suing party has the burden of proving each element of his/her/its claim, many of the defenses have certain elements that must be established to potentially avoid liability.

Critically, there are certain defenses that must be asserted in your initial response to the Complaint; otherwise, they may be considered waived, such as lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process. See Ariz. R. Civ. P. 12(b). Other defenses may include lack of subject-matter jurisdiction, failure to state a claim upon which relief can be granted, or failure to join an indispensable party. Id. There are also a various affirmative defenses that must be asserted if they apply, including (a) accord and satisfaction; (b) arbitration and award; (c) assumption of risk; (d) contributory negligence; (e) duress; (f) estoppel; (g) failure of consideration; (h) fraud; (i) illegality; (j) laches; (k) license; (l) payment; (m) release; (n) res judicata; (o) statute of frauds; (p) statute of limitations; and (q) waiver. See Ariz. R. Civ. P. 8(d).

Some of these defenses may exist even if it appears you are at fault for causing the situation. In this regard, you may have caused and even admit you caused an accident by rear-ending the car in front of you, but you may still contest the nature and extent of the injuries and damaged claimed by the adverse party. Or, a person may admit they breached a contract, but contest the damages sought by the breach. Also, in Arizona, there may be situations where a party is partially at fault, such as with a car accident when both parties engaged in acts to jointly cause an accident or the injuries. For example, a motorcyclist who was not wearing a helmet or a person who is not wearing a seatbelt that was in an accident wholly caused by another party may be assessed fault if their injuries could have been prevented or reduced if a helmet or seatbelt was utilized. Under these circumstances, a judge or jury may allocate percentages of fault to each party (or non-party) which reduces the amount of any award based on those percentages of fault.

In addition to asserting defenses, a party being sued must adhere to the applicable rules of court and any orders issued by the Court. Generally, there are timelines and requirements as to submitting disclosures, conducting discovery, and filing certain motions. The failure to adhere to the Court’s rules and orders may result in the preclusion of evidence, striking of certain defenses, or even an adverse judgment.

Given the risk associated with having a judgment against you, you should contact an attorney to discuss your rights, defenses, and options to determine the best course for you.

If you’re involved in a civil lawsuit, contact the Attorneys for Freedom Law Firm to protect your rights and put your best interests first. To discuss your civil law matter, call us at 480-755-7110 today to schedule a consultation.

Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110

Daniel W.
As a firearms instructor, I can feel confident in recommending my students and community to reach out to James Belcher as a great point of contact to get the professional and friendly service to seek the legal protection needed for the "after self-defense" defense. Thank you James 🫡
Daniel W.
James Belcher has been such an amazing point of contact for me since the day I inquired for information to protect our church security team with the AOR coverage. When they were revamping their system to optimize to make our situation work well, he was the one to reach out and always has been friendly, professional, and a great representation for their company. I definitely will recommend AOR and James to all my people.
David D
I live in NJ and left US Law Shield to join AOR
Response from the owner:We are proud to represent you brother!
erc W.
Hello Mr. Victor, I've been on the A.O.R program since Aug 2022, and have had to use your services five times in the past 2 and half years from my ex-wife and step son. All of five of them where dismissed !! Thanks to Rachel Moss and Tory Srewart professionalism. Actually the entire staff at Attorneys for freedom have always been very helpful and professional. I highly recommend them them for your legal needs.Thank you once again from an A.O.R. program member since 8/22.
Response from the owner:Thank you so much for the wonderful review! We are glad to hear that the AOR program was a success!
Andy A.
Lord forbid I should ever require their services.
That aside, customer service is outstanding !!
If you send them a concern or question. Don’t walk to far away, because your response is flying back at you; all of mine were answered same day including weekends.
I recommend them all day long. Cheers