State Bar of Arizona

Contents:

• Injunctions - Introduction; Conditions Governing Issuance; Defenses; Procedure; Requisites of Injunctive Orders; Temporary Injunctions; Modification; Security; Contempt; Appeals
• Prejudgment Seizure of Property: Provision Remedies Act; Replevin; Attachment; Garnishment - Background of the Provisional Remedies Act; Defects in Prior Arizona Prejudgment Seizure Procedure Cured by the Act; Summary of Need for Act; Requirements for Obtaining Prejudgment Relief: Replevin; Requirements for Obtaining Prejudgment Relief: Attachment; Requirements for Obtaining Prejudgment Relief: Garnishment; Obtaining an Order for a Provisional Remedy Under the Act; Determination of “With Notice” or “Without Notice”; Grounds for Provisional Remedy Without Notice; Pleadings Required for a Provisional Remedy Without Notice; Filing the Action and Having the Order for Provisional Remedy Without Notice Entered; Pleadings Required for a Provisional Remedy with Notice and Filing the Action; The Three Different Notices To Be Served on the Debtor or Party Against Whom the Provisional Remedy Is Sought; The Probable Cause Hearing; Result Where Creditor Is Successful at the Probable Cause Hearing; Result Where Creditor Is Unsuccessful at the Probable Cause Hearing; The 10-Day Default Provision in the Case of a Provisional Remedy with Notice; Use of Temporary Restraining Order in Connection with Provisional Remedy; Blanket Requests for Provisional Remedies; Bonds Required Under the Act; Forms
• Getting Your Money: General Prejudgment and Postjudgment Remedies - Complaint and Prayer for Relief; Jurisdiction--Monetary; Jurisdiction--Territorial; Security for Costs; Recovering Attorneys` Fees; Obtaining Judgment by Default; The Judgment; Protection For the Hiding Defendant; Prejudgment and Postjudgment Matters; Attachment; Execution of Judgments; Garnishment Replevin; Bad Checks; Consumer Protection--Pitfalls for the Unwary Collector; Miscellaneous Remedies; Bulk Transfers; Fraudulent Conveyances; Creditors` Claims Against Decedents` Estates; Liens; Limitations on Postjudgment Remedies; Marshaling of Assets; Unlawful Failure To Return a Motor Vehicle; Forms
• Remedies for Creditors in Mexico - Knowing You Are Going to Mexico; United States Court Procedures Enforceable in Mexico; Principles of Self-Help Nonexistent in Mexico; Structure of the Legal System in Mexico; Documents of Evidence and Preconstituted Execution; The Court System in Mexico; Acts Preparatory for Suit and Evidence; Court Preliminary (Preventive) Measures; The Specifics of Court Actions in Mexico; Priority of Liens; Payment of Debts; Termination of Debts; Treaties, Conventions, and Trade Agreements for Mexico; Interest Charged in Mexico; United States Vehicles in Mexico; Debtors Running to Mexico To Avoid Creditors; Notaries Public and Public Brokers in Mexico; United States Embassy and United States Consulates in Mexico; Criteria for Choosing an Attorney Licensed in Mexico; Assets Checks; Representation in Mexico (Agency and Other Assistants); Taking Title to Real Estate Under Uncommon Measures; Changes in Mexican Law
• Declaratory Judgments - Use of the Remedy; Prerequisites to Use of the Remedy; Parties and Pleadings; Trial of Actions for Declaratory Relief; Judgment and Its Effects; Sample Complaint Form
• Rescission and Specific Performance - Introduction; Rescission; Potential Bases for the Right of Rescission; How To Rescind; Defenses; Damages; Restitution; Punitive Damages; Arizona Statutes; Federal Statutes; Specific Performance; Forms
• Landlord-Tenant Relationships - Introduction; Real Property (Commercial); Landlord Obligations/Tenant Remedies; Arizona Residential Landlord and Tenant Act--A.R.S. §§ 33-1301 to –1381; Arizona Mobile Home Parks Residential Landlord and Tenant Act--A.R.S. §§ 33-1401 to –1491 and Remedies; Forms
• Real Property Foreclosures - Types of Real Property Liens; Preliminary Matters; The Deed of Trust; The Mortgage; Contract for Conveyance (Contract for Sale); Subdivision Trust; Common Defenses; Deeds in Lieu of Foreclosure; Special Situations and Problems; Deficiency Judgments
• Remedies in Proceedings Under the Bankruptcy Code - Sources of Bankruptcy Law; Overview of Chapters 7, 11, 12 & 13; Administration, Jurisdiction, and Appeals; Commencement, Conversion, and Dismissal of Bankruptcy Cases; The Estate; Claims Against Estate; Discharge; Collateral Estoppel; The Automatic Stay; Abandonment or Sale of Property; Chapter 11 Issues; Chapter 12 and 13 Issues; Avoidance of Claims and Liens/Actions Against Creditors; Leases and Executory Contracts