Arizona Laws 44-1528. Remedies; injunction; other reliefs; receiver
A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in any practice declared to be unlawful by this article, the attorney general may seek and obtain in an action in a court of competent jurisdiction an injunction prohibiting the person from continuing the practices or engaging in the practice or doing any acts in furtherance of the practice after notice as is required by the rules of civil procedure. The court may make such orders or judgments as may be necessary to:
Terms Used In Arizona Laws 44-1528
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney general: means the attorney general of Arizona or the attorney general's authorized delegate. See Arizona Laws 44-1521
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any natural person or the person's legal representative, any partnership or domestic or foreign corporation, any company, trust, business entity or association or any agent, employee, salesman, partner, officer, director, member, stockholder, associate or trustee. See Arizona Laws 44-1521
- Property: includes both real and personal property. See Arizona Laws 1-215
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
1. Prevent the use or employment by a person of any unlawful practices.
2. Restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice in this article declared to be unlawful, including the appointment of a receiver.
3. Require that any profits, gain, gross receipts or other benefit obtained by means of any practice in this article declared to be unlawful be disgorged and paid to the state for deposit in the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by Section 44-1531.02.
4. Prohibit a person found to have violated this article from engaging in a specified trade or occupation.
B. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person’s assets or the person’s identity or whereabouts or leave the state, the attorney general may apply to a court of competent jurisdiction, ex parte, for an order appointing a receiver of the assets of the person. On a showing made by affidavit or other evidence that the person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person’s assets or the person’s identity or whereabouts or leave the state, the court may order the appointment of a receiver to receive the assets of the person.