Peter H. Westby

Born in Minnesota, Attorney Peter Westby has resided in Arizona since 1962 and in Phoenix since 1974. Mr. Westby graduated from the University of Arizona College of Law in 1973 and entered the practice of law as a prosecuting attorney, first with the City of Tucson and then with the Pima County Attorney's office as a Criminal Trial Deputy. He joined partner Harvey Platt in the private practice of law in Phoenix in 1974 and together they formed Platt & Westby, P.C. Mr. Westby practices in the areas of real estate law, civil litigation, family law, estate planning, probate, estate and trust administration, and business formation/litigation. Mr. Westby and his firm have earned a Martindale-Hubble AV rating, the highest rating awarded for ethics and professional competence.

James E. Rogers College of Law, University of Arizona

J.D. (1973)

1973

University of Arizona

B.S.

1970

Partner

Platt & Westby

Current

Arizona's Finest Lawyers

Arizona's Finest Lawyers

Arizona State Bar

Member

Current

Prince of Peace Lutheran Church

Former President and Council Member

2010 - Current

Activities: 1987 - 1993

La Casa De Cristo Lutheran Church

1993 - 2010

Arizona

Since 1973

U.S. Federal Court

Since 1973

• Free Consultation
• Credit Cards Accepted
  Accept Visa and MasterCard

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Foreclosure Defense

Landlord Tenant

Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights

Probate

Probate Administration, Probate Litigation, Will Contests

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Elder Law

Q. I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

November 15, 2023

A: Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer had the security the lender bargained for by claiming that you defauded the lender by not disclosing this fact before applying for additional credit and that it was your obligation to retain the vehicle until all loans were fully paid off. I recommend that you consider settling this claim as soon as possible to minimize your liabiity for the lender's legal fees.

My opinion is based only on the information you provided. If other facts exist, my opinion might differ. ... Read More

Q. What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

October 3, 2023

A: This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you hired and who appears to have abandoned the job, a small claims court action to recover the deposit would be appropriate if the engineer refuses to contact you. There is much more to know and too little space to set it forth here. You may contact our office and schedule an initial conference so I could learn more of the facts and answer your questions. Our initial conferences are complimentary.

Peter ... Read More

Q. Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

October 11, 2022

A: Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property. But over 12 years things can change. I would want you to discuss with your family law attorney the events in the life of this business over the last 12 years, for example, was it incorporated or transferred to a LLC or other form of business organization? If so, what documents were generated? Did you sign any disclaimers? Were you asked to sign any? Discuss any promises made to you by your husband, how your husband was compensated by the business, what use was made of the funds he earned, how taxes were handled and whether or not you invested any of your earnings in the business or performed services for the business. Your attorney will be able to let you know what interest you may have in this business or what community lien may exist against the business. ... Read More