Ariz. Rev. Stat. » Title 44

Ariz. Rev. Stat. § 44-318

Action to establish claim; attorney fees

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44-318. Action to establish claim; attorney fees

A person who is aggrieved by a decision of the department, or whose claim has not been decided within ninety days after filing the claim, may begin an original action in superior court to establish the claim by naming the department as a defendant.  The person shall file the action in superior court within ninety days after the decision of the department or within one hundred eighty days after the filing of the claim if the department has failed to make a decision.  If the aggrieved person establishes the claim in an action against the department, the court may award the claimant reasonable attorney fees.

Notes of Decisions
Cited in 4 cases, 1965–1973 · leading case: Taylor v. Security National Bank
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Taylor v. Security National Bank (1973) arizctapp · cites it 4× “§ 44 — 317 could be waived, and if it is, the notice requirement of A.R.S. § 44-318 has been satisfied. In the annotation at 174 A.”
Neil B. McGinnis Equipment Co. v. Henson (1965) arizctapp “On the 7th day of February 1962, the conditional seller gave notice of repossession to the conditional buyers which notice advised them of their right to reinstate the contract within 10 days, the notice being given pursuant to the provisions of § 44-318. The contract was not…”
SCOTTSDALE DISCOUNT CORPORATION v. Dodson (1966) arizctapp · cites it 2× “00 covering the March payment on the contract. Replevin action was filed on March 4, 1965, and the check was returned, by mail, March 5, 1965.”
Stevens v. Southwestern Investment Co. (1965) arizctapp “” It is not disputed that the above provisions became effective owing to certain circumstances, nor is it disputed that Southwestern after default occurred, took possession of the funiture and sold it to a third party for $500 without complying with the provisions of ARS 44-318…”
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