I have a lot to share with you about this decision, but I can’t do it all in one post because there’s a lot to tell! There’s a long story about how this all unfolded. I haven’t talked about it on the blog, because as I mentioned last fall, I wasn’t sure how it would all unfold.
Last year, I negotiated a Cash for Keys Agreement with BOA to move out of my Arizona property by May 31. I was pretty happy about that, until I found an eviction summons on the ground in front of the property. The Rules, statutes, and case law are all CRYSTAL CLEAR that you must get PERSONAL SERVICE when you file a lawsuit, even an eviction lawsuit.
That didn’t happen, though. I appeared for the initial hearing to contest the service of process, and was told to shut up twice. I wish I had a transcript of this hearing, because it was a circus, with the deck totally stacked against me, the Defendant. It seems like the eviction courts in Arizona operate on the premise that you’re a piece of sh*t if you get sued for eviction. This needs to change! What bothered me even more is that I was correct on the law, and the court ignored me.
The case law is clear that if you do anything except argue the personal jurisdiction argument at the initial hearing, you could waive that defense. I limited my arguments to the personal jurisdiction defense and … read more . . .