Arizona law provides qualified protections for mechanics whom perform repairs on vehicles at the vehicle owner’s request. Those protections are provided by a common law lien, a statutory lien, and a statutory right to treat certain vehicles as abandoned. Each protection, however, is subject to limitations including those meant to protect liens on the vehicle’s title at the time of the repairs (“prior liens”).
This feature article originally appeared in Laches Magazine in April 2023. Growing up as a shy latchkey kid about 60 miles from the Mexican border in what was then the smallish city of Tucson, Arizona, I was provided with an early opportunity to become resourceful. Being from a broken home with a single parent who worked two jobs and put herself through college with me under her wing, I also quickly found that you learn a lot if you keep your mouth shut and your eyes open and actively watch and listen to the world around you. Once I emerged from the dark tunnel that enveloped my teenage years, I began to appreciate how the attributes I gained in my youth helped me quickly seek out, adapt to, and succeed in - most of the time - new environments.
Like most attorneys I know, I hate answering phone calls late Friday afternoon. Will I do it? Sure. But I know before I pick up the phone that whoever is on the other side will not have an issue that is easy to fix or that can wait until Monday to be addressed. For the past two years, those late Friday phone calls have typically concerned misdirected escrow funds.
Kevin P. Nelson, Chair, Real Estate Law Section
If you are considering doing business on Tribal Land or with Tribal Entities, you need to understand that the law that applies to the business deal will likely not be Arizona law. This article addresses some important issues that arise when businesses and individuals do business with Indian Tribes or Tribal Entities on Tribal Lands. First, let’s understand what the terminology means.
When beginning a business, many co-owners prefer to spend time focusing on their common efforts rather than the risks associated with their business relationship. Some important questions are commonly (and understandably) avoided during this “honeymoon” phase. Unwillingness to focus on these issues while they are still hypothetical can leave the partnership on a shaky foundation during rough times.
It is well-settled under Arizona law that life insurance proceeds payable to beneficiaries, other than the deceased debtor, are exempt from claims against the deceased debtor’s estate. That rule has stood for more than sixty years and is supported by statute, A.R.S. S 20-1131(A), and the Arizona case, May v. Ellis, 208 Ariz. 229, 230-31, 92 P.3d 859, 860 (2004). In fact, in 2008, the Arizona legislature clarified the rule by confirming that life insurance proceeds are exempt from such claims regardless of whether the beneficiary is an individual or a trust.